HomeMy WebLinkAbout24-30 Approving an Agreement between the Town and Sturgeon Electric for Services on Traffic Signal Controlled Intersections 2-28-2024RESOLUTION NO.24-30
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO APPROVING AN AGREEMENT BETWEEN THE TOWN OF
FIRESTONE AND STURGEON ELECTRIC COMPANY INC FOR SERVICES FOR
TRAFFIC SIGNAL CONTROLLED INTERSECTIONS
WHEREAS, the Town of Firestone ("Town") is in need of services for the installation of
replacement cabinet bases, traffic signal cabinets, and traffic signal vehicle detection units at three
traffic signal controlled intersections of Jake Jabs Blvd/Arbor St and Firestone Blvd, Birch St and
Firestone Blvd and Cimarron St and Firestone Blvd,; and
WHEREAS, Sturgeon Electric Company, Inc., ("Sturgeon") is already contracted to
perform preventative maintenance for the Town's traffic signal controlled intersection; and
WHEREAS, staff recommends that Sturgeon be selected as a sole source provider for the
required services as the parties have established a long term successful working relationship and
thus Sturgeon is uniquely qualified to address the Town's needs in a timely and efficient manner
and it is thus in the Town's best interest to have Sturgeon perform the required services; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
The Agreement between the Town of Firestone and Sturgeon Electric Company, Inc. for
services for three traffic signal -controlled intersections 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 28`^ day of February, 2024.
TOWN O IIREST NE, COLORADO
Frank Jimenez, MayoOro Tem
APPROV D AST RM:
William P. Hayashi, n Attorney
CONSTRUCTION CONTRACT
THIS CONSTRUCTION CONTRACT (the "Construction Contract" or "Agreement") is made and
entered into this Z& day of r_ 2024 (the "Effective Date"), by and between the TOWN OF
FIRESTONE, a Colorado municipal corporation with an address of 9950 Park Avenue, Firestone, Colorado
80504 (the "Town" or the "Owner"), and STURGRON ELECTRIC COMPANY, INC, an independent
contractor with a principal place of business at 12150 E. 112th Ave, Henderson, Colorado 80640
("Contractor") (each a "Party" and collectively the "Parties").
WHEREAS, the Town requires services; and
WHEREAS, the Town has found the Contractor to have the expertise and experience to perform the
required services.
NOW THEREFORE, in consideration hereinafter set forth, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
SCOPE OF WORK
A. The Contractor shall complete all Work and perform all Services 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: Traffic Signal Upgrades (S2024.9241)
B. A change in the Scope of Work shall not be effective unless authorized as a modification to this
Agreement or change order in accordance with the Contract Documents. If the Contractor
proceeds without such written authorization, the 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. Within ten days of the Effective Contract Date, the Contractor shall provide the certificate of
insurance required by the Contract Documents.
II. RESERVE
III. CONTRACT TIMES; COMMENCEMENT AND COMPLETION OF WORK
A. The Work shall be substantially completed within 120 days of the Notice to Proceed. It shall continue
until the Contractor completes the Scope of Services to the Town's satisfaction, or until terminated
as provided herein.
B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall
pay the Contractor for all Work previously authorized and satisfactorily completed prior to the date
of termination. If, however, the Contractor has substantially or materially breached this Agreement,
the Town shall have any remedy or right of set-off available at law and equity.
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C. 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, and the parties recognize the delays, expenses, and difficulties involved in proving the
actual loss suffered by the Town if the Work is not completed on time. Accordingly, instead of
requiring such proof the Parties agree that as liquidated damages 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, not to exceed the contract amount until the Work is complete.
IV. COMPENSATION
In consideration 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 $56,595.00
(the "Contract Price"). The Contract Price shall include all fees, costs, and expenses incurred by the
Contractor, and no additional amounts shall be paid by the Town for such fees, costs, and expenses.
V. PAYMENT PROCEDURES
A. The Contractor may submit Applications for Payment for completed Work per the UNIT -PRICE BID
FORM or the LUMP -SUM BID FORM. The Contractor may submit periodic invoices, which the Town
shall pay within 30 days of receipt.
B. The Town may retain up to five percent (5%) of the calculated value of completed work from each
application of payment up until the Construction Contract is completed satisfactorily and finally
accepted by the Town.
C. Upon issuing a final acceptance of the Work for the Project, the Town shall pay to Contractor the
remainder of the funds or monies previously withheld as retainage.
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 the 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.
(the "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 payment 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 arising out of the performance of this Construction Contract.
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E. The Contractor hereby warrants to the Town that all 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. The 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 furnished by contractor
under the Construction 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, items, and Work specified in the Scope of Work, and any and all related
documentation and materials provided or developed by the Contractor shall be exclusively owned by
the Town. The 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," the 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.
Vill. INDEPENDENT CONTRACTOR
The 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. The contractor shall make no representation that it is a Town employee for any purposes.
IX. INSURANCE
A. Contractor agrees to 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
pursuant to this Construction Contract. At a minimum, Contractor shall procure and maintain, and
shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with
forms and insurers acceptable to the Town.
1. Worker's Compensation insurance as required by law.
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
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X.
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 property 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 the Contractor. The
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.
The Contractor agrees to defend, 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,
recklessness or other faults of the 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. CONTRACT DOCUMENTS
The Contract Documents, which comprise 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: Sturgeon Proposal
B. Notice to Proceed is provided once town-fumished equipment arrives.
C. The following may be delivered or issued after the Effective Date of the Construction Contract and
are attached hereto: All written amendments and other documents amending, modifying, or
supplementing of the Contract Documents.
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There are no Contract Documents other than those listed above in this Section XII.
XII. CHANGE ORDERS
A. A Change Order is a written instrument issued after execution of the Agreement signed by Town
and Contractor, stating their Agreement, as applicable, upon all of the following:
1. The scope of the change in the Work;
2. The amount of the adjustment to the Contract Price; and
3. The extent of the adjustment to the Contract Times(s).
B. All changes in the Work authorized by applicable Change Order shall be performed under the
applicable conditions of the Contract Documents. Town and Contractor shall negotiate in good faith
and as expeditiously as possible the appropriate adjustment such changes.
XIII. MISCELLANEOUS
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. No 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 intended third -party beneficiaries to this Construction Contract,
E. Notice. Any notice under this Construction Contract shall be in writing,and shall be deemed sufficient
when personally 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. Severability. 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.
H. Assignment. Neither this Construction Contract nor any of the rights or obligations of the Parties
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 limitations or any
other rights, immunities, and protections provided by the Colorado Governmental Immunity Act,
C.R.S. § 24-10-101, at seq., as amended, or otherwise available to the Town and its officers,
attorneys or employees.
J. Ri-ghts 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
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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. Subiect to Annual Appropriation. Nothing herein shall constitute a multiple fiscal year obligation pursuant to
Article X, § 20 of the Colorado Constitution. Any financial obligation of the Town is subject to annual
appropriation by its Board of Trustees. Any failure of a Board of Trustees to annually appropriate adequate
monies to finance the Town's obligations under this Agreement shall terminate the Agreement upon
expenditure of the appropriated funds. IN WITNESS WHEREOF, the Parties have executed this Construction
Contract as of the Effective Date.
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n i. S T O N E
ATTEST:
Mid una Gonzalez, Interim Town Clerk
APPR" AS TO
William P. Hayashi, Tow ttorney
STATE OF COLORADO
TOWN 0 S E, LO
Frank Jimenez, M yor Pro Tent
SEAL,
Sturgeon ctric Company, Inc.
By:
) ss.
COUNTY OF n19,Y1V?jF )
The foregoing instrument was subscribed, swom to an a cnowledged before me t is�Eay of
F[liJYIJ/.�rt4, 2024 by / as _�lof
My commission expires: �n}^yy� �
(S E A L) kJC t Lb-Z A �(A G4JVL
Notary Public
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SCOPE OF WORK
Contractor's Duties
During the term of this Construction Contract, the Contractor shall perform the following duties, as
directed by the Town:
• Contractor shall install cabinet base, traffic signal controller cabinet, and 3" electrical conduit
bore at Jake Jabs Blvd/Arbor St and Firestone Blvd: $17,750.00
• Contractor shall install cabinet base, traffic signal controller cabinet and traffic signal vehicle
detection unit at Birch St and Firestone Blvd: $15,750.00
• Contractor shall install cabinet base, traffic signal controller cabinet and traffic signal vehicle
detection unit at Cimarron St and Firestone Blvd: $17,950.00
• A 10% contingency of $5,145.00 has been added into the not to exceed amount. This is
only to be used on incidentals and must be approved by Town of Firestone's project manager
prior to the use of the contingency.
Contractor is supplying install and boring services only. Cabinet bases, traffic signal controller cabinets,
traffic signal vehicle detection units are being supplied by the Town of Firestone.
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