HomeMy WebLinkAbout23-65 Approving Construction Contract Sun Valley Electric Mountain Shadows Park Well Pump and Controls Shed Project 06-14-2023RESOLUTION NO. 23-65
A RESOLUTIONNOF THE, BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING A CONSTR1,ICTION
CONTRACTBETWEEN THE TOWN OF FIRESTONE AND SUN
VALLEY ELECTRIC, INC. PERTAININGTO THE MOUNTAIN
SHADOWS PARK WELL PUMP AND CONTROLS SHED PROJECT
WHEREAS, the Town of Firestone ("Town") is in need of prot'essional construction
set -vices for the Mountain Shadows Well Purnp and Controls Shed Project ("Project"); and
WHEREAS, the rown issued art invitation for bids tbr the work and services for the
Proliect, and
WHEREAS, the"fown has evaluated the bids submitted in response to the invitation for
bids, and finds that Suit Valley Electric, Tile. ("Sun Valley") is the lowest responsive and
responsible bidder; and
WHEREAS, the Town finds that Sun Valley has the expertise, qualifications, and
experience to perform the work and ditties required for the Preject, and desires to select Suit Valley
ftir the invitation for bids and to enter into an agreement with Suit Valley to provide the
construction services as described in the Project Manual and Construction Drawings,
NOW, THERE{ FORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FIRESTONE, COLORADO:
Section 1. The Construction Contract between the Town ref' Fir estorre and Sun Valley
7-
Electric, Inc. is approved in substantially the same form as the copy attach ed hereto and made a
part of this Resolution, and the Mayor is authorized to execute the Contract on behalf of the
Town.
Section 2. TheTown Manager or such person's designee is authorized to approve,
Sign, execute, and deliver any and all change orders on behalf of the Town as may be necessary
to complete the project or ftn- the Town to perforn) tinder the Contract up to and until such titne It
as tile total dollar arnount of all such change orders equals or exceeds S36,000.00, at which tirne
any such change order shall be sub' Ject to approval by the Board.
INTRODUCED, READ AtND ADOPTED this l4th day of June, "2023,
STO*
TOWN
10 TO;WN, F F`l11',iS`L-k)N1,', C01_0RADO
SEAL
Drew Alan Peterson, Mayf.,)r
THIS AGREEMENT is by and
between Town of Firestone
Sun Valley Contractors, Inc
Owner and Contractor hereby agree as follows:
07=91191K��
("Owner") and
("Contractor"),
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents,
The Work is generally described as follows.
Furnish bonds, insurance, and permits required by Section 01035. Mobilization to
and demobilization from the construction site, including any requisite site access
improvements and site reclamation, Furnish and install water delivery
infrastructure at one (1) location, including all appurtenances. Furnish and install
one (1) water delivery pumping stations, including building and all appurtenances.
Furnish and install water delivery pipelines, including all appurtenances. Provide
and install key finishes and complete site restoration. Provide and install site
instrumentation, telemetry, and control systems, including all appurtenances.
2.01 The Project for which the Work under the Contract Documents may be the whole or only
a part is generally described as follows:
ToWn of Firestone — Mountain Shadow§ Park Vftlll Puinp and Controlls Shed
proJied
3m01 The Project was designed in part by MCGRANE WATER ENGINEERING, LLCS (Engineer),
which is to act as Owner's representative, assume all duties and responsibilities and have
the rights and authority assigned to Engineer in the Contract Documents in connection
with the completion of the Work in accordance with the Contract Documents.
amm
4.01 Time of the Essence
All time limits for Milestones, if any, Substantial Completion and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the
Contract.
4.02 Days to Achieve Substantial Completion and Final Payment
Work will be substantially complete by November 20, 2023. The Work will be
completed and ready for final payment in accordance with paragraph 14.07 of the
General Conditions by December 4, 2023. Work can be sequenced and planned as
needed and desired by the selected contractor in order to meet their needs and
schedules as long as the completion dates set forth are maintained.
00520-1 of 6
4.03 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01
above and that Owner will suffer financial loss if the Work is not completed within the
times specified in Paragraph 4.02 above, plus any extensions thereof allowed in
accordance with Article 12 of the General Conditions, The parties also recognize the
delays, expense and difficulties involved in proving in a legal or arbitration proceeding,
the actual loss suffered by Owner if the Work is not completed on time, Accordingly,
instead of requiring any such proof, Owner and Contractor agree t at< as liquidated
damages for delay (but not as a penalty), Contractor shall pay Owner five hundred
dollars ($500.00) for each day that expires after the time specified in Paragraph 4.02
above for Substantial Completion until the Work is substantially complete. After
Substantial Completion, if Contractor shall neglect, refuse or fail to complete the
remaining Work within the Contract Time or any proper extension thereof granted by
Owner, Contractor shall pay Owner one five hundred dollars ($500,00) for each day
that expires after the tirne specified in Paragraph 4.02 above for completion and
readiness for final payment until the Work is completed and ready for final payment.
5,01 Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined
pursuant to Paragraphs 5.01 A below:
A. For all Work, at the prices stated in the Contractor's Bid, attached hereto as an exhibit.
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 14 of the
General Conditions, Applications for Payment will be processed by Engineer as provided
in the General Conditions.
6.02 Progress Payments; Retainage
A. Owner shall make progress payments on account of the Contract Price on the basis of
Contractor's Applications for, Payment each month, for the previous months work,
during performance of the Work as provided in Paragraph 6.02 A 1 below. All such
payments will be measured by the schedule of values established as provided in
Paragraph 2,07 A of the General Conditions (and in the case of Unit Price Work based
on the number of units completed) or, in the event there is no schedule of values, as
provided in the General Requirements,
1. Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below but, in each case, less the aggregate of
payments previously made and less such amounts as Engineer may determine or
Owner may withhold, including but not limited to liquidated damages, in accordance
with Paragraph 14.02 of the Genet -at Conditions.
a, 95 percent of Work completed (with the balance being reta irage ), and
b. .90 percent of cost of materials and equipment procured, insured, and
satisfactorily stored on -site but not incorporated in the Work (with the balance
being retainage).
B, Upon Substantial Completion, Owner shall pay an amount sufficient to increaS6 total
paymehtS to Contractor to I ertent of the Work completed, less such amounts as
Engineer shall detertbine In accordance with Paragraph 14.02 B 5 of the General
00004 4 is
Conditions and less 200 percent of Engineer's estimate of the value of Work to be
completed or corrected as shown on the tentative list of items to be completed or
corrected attached to the certificate of Substantial Completion,
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07
of the General Conditions, Owner shall pay the remainder of the Contract Price as
recommended by Engineer as provided in said Paragraph 14.07.
7M All moneys not paid when due as provided in Article 14 of the General Conditions shall
bear interest at the rate of j .0 percent per annum.
8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following
representations:
A. Contractor has examined and carefully studied the Contract Documents and the other
related data identified in the Bidding Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to the
general, local and Site conditions that may affect cost, progress and performance of
the Work.
CContractor is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress and performance of the Work,
DContractor has carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical conditions relating
to existing surface or subsurface structures at the Site (except Underground Facilities),
if any, that have been identified in Paragraph SC-4.02 of the Supplementary Conditions
as containing reliable "technical data", and (2) reports and drawings of Hazardous
Environmental Conditions, if any, at the Site that have been identified in Paragraph SC-
4.06 of the Supplementary Conditions as containing reliable "technical data".
FBased on the information and observations referred to in Paragraph 8.01 E above,
Contractor does not consider that further examinations, investigations, explorations,
tests, studies or data are necessary for the performance of the Work at the Contract
Price, within the Contract, Tirnes and in accordance with the other terms and conditions
of the Contract Documents.
G, Contractor is aware of the general nature of work to be performed by Owner and others
at the Site that relates to the Work as indicated in the Contract Documents.
00520-3 of 6
H, Contractor has given Engineer written notice of all conflicts, errors, ambiguities or
discrepancies that Contractor has discovered in the Contract Documents, and the
written resolution thereof by Engineer is acceptable to Contractor.
1. The Contract Documents are generally sufficient to indicate and convey understanding
of all terms and conditions for performance and furnishing of the Work,
J. Contractor shall perform no less than 70% of the work with their own forces.
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 1 to 16, inclusive),
2. Performance bond.
3. Payment bond.
4. General Conditions.
5, Supplementary Conditions.
6. Specifications as listed in the table of contents of the Project Manual,
7Drawings with each sheet bearing the following general title and number of sheets
(shown in parenthesis):
'Town of Firestone Mountain Shadows Park, Well Purn and CoLntrols Shed P o
(13 sheets)
8. Addenda (numbers 0 to 0, inclusive).
9, Exhibits to this Agreement (enumerated as follows).
a. Contractor's Bid,
b. Documentation submitted by Contractor prior to Notice of Award,
C. The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
a. Notice to Proceed.
b. Work Change Directives.
c. Change Orders,
B. The documents listed in Paragraph 9,01 A are attached to this Agreement (except as
expressly noted otherwise above).
D. The Contract Documents may only be amended, modified or supplemented as provided
in Paragraph 3.04 of the General Conditions.
00520-4 of 6
10. 0 1 Terms
A. Terms used in this Agreement will have the meanings stated in the General Conditions
and the Supplementary Conditions.
10.02 Assignment of Contract
Ao assignment by a patty hereto of any rights under or interests in the Contract will be
binding on another party hereto without the written consent of the party sought to be
bound; and, specifically but without limitation, moneys that may become due and
moneys that are due may not be assigned without such consent (except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated
to the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under the Contract Documents.
1, 0,0 Successors and Assigns
A. Owner and Contractor each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in
the Contract Documents.
10,04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon Owner and Contractor, who agree that the
Contract Documents shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
Contractor's Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive or coercive
practices in competing for or in executing the Contract. For the purposes of this
Paragraph 10.05*
1. "corrupt practice" means the offering, giving, receiving or soliciting of anything of
value likely to influence the action of a public official in the bidding process or in the
Contract execution;
2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to
influence the bidding process or the execution of the Contract to the detriment of
Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels or
(c) to deprive Owner of the benefits of free and open competition;
3. "collusive practice" means a scheme or arrangement between two or more Bidders,
Frith or without the knowledge of Owner, a purpose of which is to establish Bid
prices at artificial, non-competitive levels; and
4. "coercive practice" means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in the bidding process or
affect the execution of the Contract,
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have beef
delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have beet
identified by Owner and Contractor or on their behalf,
00520-5 of 6
mmzmi
Town of Firestone
By:
Title Town Clerk
9950 Park Ave.
Firestone, CO 80520
I f COA -�rN C40 r-:5
By:
Title: frc�
(If Contractor is a corporation, a
partnership or a joint venture, attach
evidence of authority to sign.)
Attest:
Title: ;\Kz
Address for giving notices-
5
WA WAM ,
License
No.:
Table 1 — Mountain Shadows Park IrrigationSymem Costunimary(8/3/22)
Revised
cost $ to
Task Description
Bud et
-
udget
p
Previously
Complete
Final
Invoiced 5
Request
dge t
(12112/2018)
Job
S p sj ov % 111arar algasai park swvcy
l' €3() ! t)O
so
11.000
S20,86750
$0
$8,867,50
$20,867,50
pfglarc: EN-' t3ln (Well Pumping SY"'ma
h x l . Mewing, and (sp arol flomm, )and
$33,000,0o
S-1I,355
$5453
S 74,87725
$7,00(125
$27,322,SO
$1, ii,,W
Coranactor 110 Kic}'aw sml fVtg7i "strir}ron
1 Well r)riNng and Tc,tiadt
52)J) fl'00
S V)2,
s2x,()2.5
SA023
25,025
_
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+
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12,145
5 E%jluale Y'x siET ti,?afr.5li': ti i Utmw5r)A?°iaaym,!
S3,000,00
S()
$3,006
SO
W
- 3b
$(,000
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-$3,000
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McGrane Water Engineering, LLC
lfa e) Ar3,!,� V allc� Rd—
Wumwvx M#-
A * 0
Date:- June 14, 2023
Project- Town of Firestone - Mountain Shadows Park Well Pump and Controls Shed Project
Owner: Town of Firestone C wner's Contract No.: W2022-9549.02
Contract- Construction Services
neees Project No.:
Bidder- Sun Valley Electric, Inc,
Bidder's Address: 5475 86, Unit 3
. . ........
Elizabeth, CO 80,107
You are notified that your Bid dated _M!�y,3-2023___
for the above Contract has been considerea. You are the Successful Bidder and are awarded a
Contract for the Town of Firestone - Mountain Shadows PaLK Well Pump and Control-, Shed ProJ'act,
—
The Contract Price of your Contract is $ 359,960'00
Lhreq (3) copies of the proposed Contract Documents (except Drawings) accompany this Notice of
Award.
Lwo (2) of the Drawings will be delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within ten (10) days of the date you receive
this Notice of Award.
1 . Deliver to the Owner three (3) fully executed counterparts of the Contract Documents.
2. Deliver with the executed Contract Documents the Contract security [Bonds) as specified in
the Instructions to Bidders (Article 20), General Conditions (Paragraph 5,01) and
Supplementary Conditions (Paragraph SC-5.01).
Failure to comply with these conditions within the tirne specified will entitle Owner to consider you in
default, annul this Notice of Award and declare your Bid security forfeited.
Within ten days after you comply with the above conditions, Owner will return to you one fully
executed Counterpart of the Contract Documents.
00510.1 of i