HomeMy WebLinkAbout24-43 Approving Construction Contract Sun Valley Contractors LLC. Completion of the Remaining Electrical Work at St. Vrain WTP 04-24-2024RESOLUTION NO.24-43
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO APPROVING A CONSTRUCTION
CONTRACT BETWEEN THE TOWN OF FIRESTONE AND SUN VALLEY
CONTRACTORS LLC FOR COMPLETION OF THE REMAINING
ELECTRICAL WORK AT THE ST VRAIN WATER TREATMENT PLANT
WHEREAS, the Town of Firestone ("Town") as a condition of its Settlement Agreement
with Integrated Water Services Inc is responsible for completion of the remaining electrical work
at the St Vrain Water Treatment Plant; and
WHEREAS, Sun Valley Contractors LLC ("Sun Valley") is uniquely qualified to
perform such services as it has completed the last sixty percent of the electrical work for the St
Vrain Water Treatment Plant; and
WHEREAS it is therefore in the best interest of the Town to have Sun Valley perform the
remaining electrical work at the St. Vrain Water Treatment Plant.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
The Construction Contract between the Town of Firestone and Sun Valley Contractors
LLC 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 Contract on behalf of the Town.
INTRODUCED, READ AND ADOPTED thisRoay of April, 2024.
ATTEST:
A,
Mfiam-r�una Gonzalez, Interim Town Clerk
APVED AW FORM:
William P. Hay Town Attorney
CONSTRUCTION CONTRACT
THIS CO ST UCTION CONTRACT (the "Construction Contract" or "Agreement") is made and
entered into this Zday of hp6l—, 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 Sun Valley Contractors, LLC, an independent contractor with a
principal place of business at 5475 Highway 86, Unit 3, Elizabeth, Colorado 80107 ("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: St Vrain Water Treatment Plant Final
Electrical (Project No. W2020-9523.02).
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 90 days of the Effective Date of this Agreement. 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
Page 1 of 8
FIRESTONE
IV.
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.
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 until the Work is complete.
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 $14,000.00
(the "Contract Price") on a time and materials basis for Work performed.
V. PAYMENT PROCEDURES
A. The Contractor may submit Applications for Payment for completed Work. 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
W
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.
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 performedby 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, at 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.
Page 2 of S
FIRESTHNE
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.
R The Contractor shall warrant and guarantee all materials and equipment furnished 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
damage, personal injury (including coverage for contractual and employee acts), blanket
contractual, products, and completed operations. The policy shall contain a severability of
Page 3 of S
FIRESTONE
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.
X. INDEMNIFICATION
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. This Construction Contract:
B. "Specifications", for reference only, bearing the title: St Vrain Water Treatment Plant Construction
Manual.
C. "Drawings", for reference only, titled St Vrain Water Treatment Facility Construction Set (Plummer
Associates)
D. 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.
Page 4 of 8
FIRESTONE
There are no Contract Documents other than those listed above in this Section Xl.
XII. CHANGE ORDERS
A. A Change Order is a writteninstrument 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
v
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, of seq., as amended, or otherwise available to the Town and its officers,
attorneys or employees.
J. Rights 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
Page 5 of 8
FIRESTONE
Contract shall in no way limit the Town's legal or equitable remedies, or the period in which such
remedies may be assorted, for Work negligently or defectively performed.
K. Subject 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.
Page 6 of S
FIRESTONE
ATTEST:
ria na Gonzalez, Town Clerk
APP�D AS
William P. Hayashi, T n Attorney
STATE OF COLORADO
) ss.
COUNTY OF
TOWN OF=FIRE,LORADO
on Con M r
;W!
Y CONT RS, LLC
By:
11 awt OefL--r — Fre5,, /
The foregoing instrument was subscribed, sworn to and acknowledged before me this I) day of
G , 2024 by 01 'f Jf . L as f�(���51 of
011) ✓> (tlpi
My commission expires
(S E A L) ._��' �.
Notary Public
GABRIEL NICHOLAS WATTON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20224043165
MY COMMISSION E)nRES NOVEMBER 10, 2026
Page 7 of 8
FIRESTONE
SCOPE OF WORK
(see attached 3 pages)
Page 8 of 8
FIRESTONE
Sun Valley Contractors, LLC
Electrical Contracting Division
SUN VALLEY 5475 Hwy. 86 Unit #3
c o uT n A c: o n s 303-646-6339
-EST. IDS 2-
Colorado Civil Group
Attn: David Lindsay
or
Proposal 032524-01
Bid Date:
Monday, March 25, 2024
Engineer:
n/a
Electrical Eng: n/a
Date of Plan:
N/A
Project#
NIA
Job Name:
Miscellaneous Corrections/ Remaining Work
Location: Saint Vrain Water Treatment Plan
SVE Contact Matt Weber
as
Scope: Complete Remaining Punchlist items/Corrections to Complete Project
Drawings being recognized: Electrical Drawings Approved 6/3/2022
Specifications being recognized: Electrical Specifications dated 512020
Addendums recognized: none
Proposal is budgetary only. Work will be completed T&M.
Included: All Labor and Material to Complete the Following:
Complete work per document received 2/21/2022 "Sun Valley Scope of Work"
Provide all materials (if not on site), labor, equipment
Coordinate with Town of Firestone for final electrical inspections
Provide lightning protection certifications
Disconnect/reconnect RTU for mechanical replacement
SVC will evaluate cost of owner's surplus materials while on site and provide cost estimate for purchase
Excluded. Anything Not Specifically Mentioned as Included
Procurement/installation of mechanical equipment
Procurement/Installation of in -line devices
Startup/Commissioning (assistance will be provided)
Painting/Patching of Any Type
Engineering of any type
Bonding @1.5%
Utility Fees & Coordination
Night Time/After-hours work
Permit fees/ Inspections
We hereby propose to furnish material and labor -- complete in accordance with above specifications, for the sum of:
Thirteen Thousand Six Hundred --------------------------------------- ----- --------
Note: This proposal maybe withdrawn by us Authorized
if not accepted within 30 days. Signature
Accepted: The above prices, specifications and
conditions are satisfactory and are hereby accepted.
You are authorized to do the work as specified.
Payment will be made as outlined above. Signature
dollars $13,600.00
St Wain WTP Closeout Work
Sun Valley Electric
Scope of Work
The following is a list of the known tasks and work that Sun Valley will perform for the Town of
Firestone on a time and materials basis to achieve Certificate of Occupancy and to correct
issues that have been identified.
Front door, change out the magnetic keypad lock for correct card reader system (Owner
provided).
2. Lab, install new duplex outlet under the counter for a lab sample mini -fridge.
3. Electrical room, activate dead wall outlets.
4. Calcite controller system, install suspended data cabling in PVC conduit and existing
cable tray.
5. Chlorine room detection/shutdown system, install battery back up (Owner provided) on
north wall of the plant floor (behind RO Skid).
6. Install GFI breaker(s) as needed for Calcite Contactor pipe heat trace system.
7. Trouble shoot then repair/replace the three.suspended LED lights on the plant floor that
are not working (3 middle lights on the south line nearest the Mezzanine).
8. Reinstall the power supply for the calcite Contactor trolley winch, trouble shoot the trolley
winch.
9. Provide all the lighting protection reports for the facility.
10. Excess materials in Calcite Building.
SUN VALLEY
-EST T. 1 9 8 2-
ELECTRICAL SERVICE RATE SHEET
RESOURCE
RATE
OVERTIME
Foreman Electrician
with truck/tools
$105.00/14r.
$157.50/Hr.
Journeyman Electrician
$90.00/Hr.
$135.00/Hr.
Apprentice Electrician
31d/41h year
$75.00/Hr.
$112.50/Hr.
Apprentice Electrician
1st/2nd year
$65.00/Hr.
$97.50/11r.
Project Management/
Supervisory Time
$95.00/11r.
95.00/11r.
Project Coordination/Permitting
60.00/Hr
Design/Cost Estimation
$105.00/Hr.
105.00/Hr.
Excavation
Includes Operator and Equipment
$135.00/Hr
202.50/Hr.
Shop -Fabrication Time/
Deliveries/Pickup
$60.00/Hr.
$90.00/Hr.
*Specialized/Aerial equipment is not included in standard rates, and will be billed at market rental rate plus 10%*
*Materials purchased by SVE will be billed at cost plus 10%*
*Subcontractor Fees will be billed at cost plus 10%
*Service calls will be billed 2 Hr. minimum. Afterhours/emergency calls will be billed at overtime rates*