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HomeMy WebLinkAboutConstruction Contract_Pre-Abatement Demolition Asbestos AbatementTo: & CC)IVfPANY, INC. 200 N. Main Street Oregon, WI 53575 608 835-3900 Fax 608 835-3922 Town of Vail 75 South Frontage Road Vail, CO 81657 COPIES DATE NUMBER 2 7-21-14 Letter of Transmittal DATE: July 21, 2014 RE: Lion's Ridge Apartment Homes DESCRIPTION Gorman-Town of Vail Contract REMARKS Please find attached two (2) copies of the Contract. Please complete signatures and mail one original back. Thank you, Signed: Stacy Evert CC: I CONSTRUCTION CONTRACT (SHORT FORM) THIS CONSTRUCTION CONTRACT (the "Contract") is made and entered into this 19th day of June, 2014 by and between the Town of Vail, 75 South Frontage Road, Vail, Colorado 8 I 657, a Colorado municipal corporation (the "Town"), and Gorman General Contractors, LLC, an independent contractor with a principal place of business at 200 N. Main Street, Oregon, WI 53575 ("Contractor") (collectively the "Parties"). For the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. SCOPE OF WORK Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Work set forth in Exhibit A, attached hereto and incorporated herein by this reference. No change to the Scope of Work, including any additional compensation, shall be effective or paid unless authorized by written amendment executed by the Town. II. TERMANDTERMINATION A. Contractor shall complete the Scope of Work on or before August 15, 2014. B. This Contract shall terminate when all the work described in the Scope of Work is completed to the Town's reasonable satisfaction (final acceptance), or upon the Town's providing Contractor with seven (7) days advance written notice, whichever occurs first; provided that the indemnification and warranty provisions of this Contract shall survive termination. III. COMPENSATION Contractor agrees to perform all work at no charge to the Town. IV. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other prov1s1on of this Contract, all personnel assigned by Contractor to perform work under the terms of this 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. V. RESPONSIBILITY 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. The services performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by others in the same or similar type of work, and in compliance with applicable laws, ordinances, rules and regulations. The Town's review, approval or acceptance of, or payment for any work shall not be construed as a waiver of any rights under this Contract or any cause of action arising out of the performance of this Contract. VI. OWNERSHIP 6119114 C:\USERS\RPADLEY\DESKTOP\TOWN CONSTRUCTION SHORT FORM.DOC Any materials, items, 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. VII. INSURANCE A. Contractor shall 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 under this Contract, including the following, at a minimum: 1. Worker's compensation insurance as required by law; and 2. Commercial general liability insurance with minimum combined single limits of six hundred thousand ($600,000) each occurrence and one million dollars ($1,000,000) general aggregate naming the Town and the Town's officers, employees, and consultants as additional insureds. The policy shall be with a carrier and in a form acceptable to the Town at the Town's reasonable discretion. B. Any insurance carried by the Town, its officers, or its employees or contractors is 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 required policies are in full force and effect. D. Failure on the part of Contractor to procure or maintain the insurance required herein shall constitute a material breach of this Contract upon which the Town may immediately terminate this Contract, or at its discretion, the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Contractor to the Town upon demand, or the Town may offset the cost of the premiums against any monies due to Contractor from the Town. VIII. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representatives, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including reasonable 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 Contract, to the extent that such injury, loss or damage is attributable to the error, professional error, mistake, negligence or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor, or which arise out of any worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractor, to the fullest extent 2 6119114 C:\USERS\RPADLEY\DESKTOP\TOWN CONSTRUCTION SHORT FORM.DOC permitted by law, shall defend, investigate, handle, respond and provide defense for and defend against any such liability, claims, damages, losses, expenses or demands at the sole expense of Contractor, or at the option of the Town, Contractor agrees to pay the Town or reimburse the Town for defense costs incurred by the Town in connection with any such liability, claims, damages, losses, expenses or demands. Contractor, to the fullest extent permitted by law, shall defend and bear all other costs and expenses related thereto, including court costs and reasonable attorney fees, whether or not such liability, claims or demands alleged are groundless, false or fraudulent. This indemnification provision is intended to comply with C.R.S. § 13-21-111.5(6), as amended, and shall be read as broadly as permitted to satisfy that intent. IX. TERMINATION This Contract shall terminate when all the work described in the Scope of Work is completed to the Town's satisfaction, or upon the Town's providing Contractor with seven (7) days advance written notice, whichever occurs first. If the Contract is terminated by the Town's issuance of written notice, the Town shall pay Contractor for all work authorized and completed prior to the date of termination. X. ILLEGAL ALIENS A. Certification. By entering into this Contract, 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 Contract 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 Contract. B. Prohibited Acts. Contractor shall not: 1. Knowingly employ or contract with an illegal alien to perform work under this Contract; or 2. 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 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 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 Contract is being performed. 3 6119114 C:\USERS\RPADLEY\DESKTOP\TOWN CONSTRUCT/ON SHORT FORM.DOC 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien who is performing work under this Contract, Contractor shall: a. Notify the subcontractor and the Town within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Contract; and b. Terminate the subcontract with the subcontractor if within three (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 Contract; except that Contractor shall not terminate the subcontract if during such three (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 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 this Contract. 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 this Contract via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto. XI. WARRANTY Contractor shall warrant and guarantee all materials furnished and work performed by Contractor under this Contract for a period of two (2) years from the date of final acceptance by the Town. Under this warranty, Contractor agrees to repair or replace, at its own expense and under the direction of the Town, any portion of the work or materials that fails or is defective, unsound, unsatisfactory because of materials or workmanship, or that is not in conformity with the provisions of the Contract. 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. XII. BONDS WithiR teR (I 0) days of the date of this CoRtFaet, CoHtFaetoF shall f\:lmish a PaymeRt aRd PeFfofffiaRee BoRd iR the full amot-:1Rt of the CoRtFaet PFiee, as seet-:1Fity fop the faithful 13eFfofffia0ee aRd 13aymeRt of all CoHtFaetor's oeligatioRS l-:IHder this CoRtraet, i0elt-:1di0g the warraRty. The eoRd shall remaiR iR effeet at least t-:1Rtil two (2) years afteF the date of fi0al aeee13ta0ee. XIII. LIQUIDATED DAMAGES A. Beeat-:1se time is of the esse0ee aRd delayed 13erfofffiaRee eoRstimtes a eom13e0sa0le iReeRveRieRee te the TewR aRd its reside0ts, the liEtt-:1idated damages estaelished iR this SeetioR shall ee e0foreed. 8t-:1eh damages are Rot a 13e0alty. For eaeh day Fi0al Cem13letio0 is delayed after the Fi0al 4 6119114 C:\USERS\RPADLEY\DESKTOP\TOWN CONSTRUCTION SHORT FORM.DOC Com13letio0 Elate stateEI iR the Co0stA:1etioR CoRti=aet, as moElifieEI thfough af!f!FO¥eEI ehtmge oFElers, Co0tFaetoF shall be assesseEI the followiRg amouRts: B. Allo•NiRg CoHtraetor to eo0ti0ue aREI fi0ish the Work OF aR~' 13art thereof after the Fi0al CompletioR Elate shall Rot 013erate as a 'Nai11er 00 the 13art of the TowR of tmy of its rights 1:mEler the CoRtFaet Doeume0ts. ARy liquiElateEI damages assesseEI shall Rot relie11e Co0ti=aetor from liability for a0y Elamages OF easts of other eo0ti=aetors eaused by a failure of CoRtFaetor to eom13lete the \Vork iR the Co0tFaet Time. LiquiElateEI Elamages ma~· be EleElueteEI from aR)' 13ayme0t Elue CoRti=aetoF OF the retai0age. If the liquidateEI Elamages eKeeeEI the amouRt owed to CoRtraetoF, Co0ti=aetoF shall reimburse theTowR. XIV. MISCELLANEOUS A. Governing Law and Venue. This Contract shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Boulder County, Colorado. B. Integration. This Contract and any attached exhibits constitute the entire agreement between Contractor and the Town, superseding all prior oral or written communications. C. Third Parties. There are no intended third-party beneficiaries to this Contract. D. Notice. Any notice under this Contract shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the address included on Page I of this Contract. E. Severability. If any provision of this 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. F. Modification. This Contract may only be modified upon written agreement of the Parties. G. Assignment. Neither this Contract nor any of the rights or obligations of the Parties hereto, shall be assigned by either party without the written consent of the other. H. Governmental Immunity. The Town, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Contract, the monetary limitations (presently one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per occurrence) or any other rights, immunities, and 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 or employees. I. Rights and Remedies. Delays in enforcement or the waiver of any one or more defaults or breaches of this Contract by the Town shall not constitute a waiver of any of the other terms or obligation of this Contract. The rights and remedies of the Town under this Contract are in addition to any other rights and remedies provided by law. The expiration of this 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. 5 6119114 C: \USERS\RP ADLEY\DESKTOP\TOWN CONSTRUCTION SHORT FORM.DOC J. Subject to Annual Appropriation. 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, and thus any obligations of the Town hereunder shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement or liability beyond the current fiscal year. IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date first set forth above. TOWN OF VAIL, COLORADO ~-17~ Stan Zender, TewR ~41:t1utger ~'1~ )?u,,-t\~ 1 VL1/l~IQQ. By: ST A TE OF WISCONSIN ) ~ )ss. COUNTY OF ~e ) The foregoing instrument was subscribed, sworn to and acknowledged before me this Z.l-sr day of ~\'i , 2014, by C--x:D.l :5. ~M.C0-.. as Movotfr= of (--;ef'McJ\ '2JC).\ ~d-cf~ I Ll-C' ·~ My commission expires: (SE AL) Notary Public s~~~ '. I?--\'?::,-\~ 6 6119114 C. \USERS\RPADLEY1DESKTOP\TOWN CONSTRUCTION SHORT FORM DOC EXHIBIT A SCOPE OF WORK SCOPE OF WORK This Scope of Work specifically includes furnishing all LABOR, MATERIAL and EQUIPMENT necessary to perform all PRE-ABATEMENT DEMOLITION and ASBESTOS ABATEMENT work in the kitchen areas of Buildings C, G & H of the Timber Ridge Village Apartments including, but not limited to, the following: 1. PRE-ABATEMENT DEMOLITION a. Perform disconnects of all plumbing and electrical fixtures as required to proceed with abatement work. b. Remove kitchen base cabinets, countertops, base trim, dishwasher, range, etc. as required to achieve full access of kitchens for asbestos abatement work. c. All items removed from the kitchens would be stacked in the living room area of the unit. Replacement and/ or reinstallation of removed items will be the responsibility of the Contractor. d. Replacement of flooring within the kitchen area is the responsibility of the Town. e. All pre-abatement demolition work will be subcontracted by the Contractor to a qualified party. Contractor shall be responsible for all costs incurred and make all payments to subcontractors to complete the pre-abatement demolition work. The Town will not be responsible for any costs associated with this work. 2. ASBESTOS ABATEMENT a. All work shall be performed in strict accordance with OSHA, State of Colorado, Town of Vail and other necessary governmental agency requirements. b. Remove all layers of existing flooring down to the subfloor material (either concrete or wood depending on location in the building). c. Remove all asbestos containing materials from Kitchen areas as identified in the following reports: t. Pre-Demolition Asbestos Inspection (Building A) prepared by Sunrise Environmental, Inc. dated May 13, 2014. ii. Pre-Demolition Asbestos Inspection (Building C) prepared by Sunrise Environmental, Inc. dated May 13, 2014. iii. Pre-Demolition Asbestos Inspection (Building G) prepared by Sunrise Environmental, Inc. dated May 16, 2014. 1v. Pre-Demolition Asbestos Inspection (Building H) prepared by Sunrise Environmental, Inc. dated May 16, 2014. d. All asbestos abatement work shall be performed in strict accordance with OSHA, Colorado Department of Public Health and Environment, Town of Vail and any/all other necessary agency requirements. e. Includes all necessary permits, clearance reports, etc. required to do complete asbestos abatement. f. Only certified technicians who are trained in the applicable Federal, State and Local rules and regulations with regard to abatement work will be permitted to perform this work. g. Use proper equipment and ventilation for this work within the building area per OSHA requirements. h. All asbestos abatement work to be done under full containment of each area to be abated. 1. Protect adjacent work and property from damage caused by this Subcontractor during the course of completing this Scope of Work. j. Subcontractor shall ensure the presence of a qualified, competent lead foreman on site at all times. 7 7118114 I \STORAGE\CONSTRUCTION\ _PROJECTS\MARKETS\CO\_?ROJECTS\LION'S RIDGE_ TIMBER RIDGE - 2013\CONSTRUCTION\CONTRACTS\TOWN OF VAIL-ASBESTOS -ABATEMENnTIMBER RIDGE -TOV ABATEMENT CONTRACT.DOC k. Labor and equipment to provide all other asbestos abatement work not specifically mentioned above but required to complete this Scope of Work consistent with the intent of the asbestos abatement. 1. All asbestos abatement work will be subcontracted by the Contractor to a qualified party. Contractor shall be responsible for all costs incurred and make all payments to subcontractors to complete the asbestos abatement work. The Town will not be responsible for any costs associated with this work. 3. Keep all Town of Vail and CDOT right of ways, bike paths streets, roads and driveways used for hauling materials free of mud and debris throughout construction operations pertaining to this scope of work; to the satisfaction of the Town of Vail Public Works Department. 4. Subcontractor's chosen by Gorman to complete the work described above have visited the site and are familiar with all site conditions. 5. In lieu of a Payment & Performance Bond, the Contractor guarantees the completion of asbestos abatement work within any buildings that asbestos abatement has commenced. 8 7118//4 I \STORAGE\CONSTRUCTIOM _?ROJECTS\MARKETS\CO\_?ROJECTS\LION'S RIDGE_ TIMBER RIDGE - 2013\CONSTRUCTIOMCONTRACTS\TOWN OF VAIL-ASBESTOS -ABATEMENnTIMBER RIDGE -TOV ABATEMENT CONTRACT.DOC NO EMPLOYEE AFFIDAVIT [To be completed only if Contractor has no employees] 1. Check and complete one: D 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 Contract with the Town of Vail (the "Town"), I certify that I will comply with the lawful presence verification requirements outlined in that Contract. OR [gl I, Gary J. Gorman, am the sole owner/member/shareholder of Gorman General Contractors, LLC, a Limited Liability Company [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 Contract with the Town, I certify that I will comply with the lawful presence verification requirements outlined in that Contract. 2. Check one. D I am a United States citizen or legal permanent resident. OR D 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 card 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. y present in the United States pursuant to federal law. Verification of 9 6119114 C:\USERS\RPADLEY1DESKTOP\TOWN CONSTRUCTION SHORT FORM.DOC