HomeMy WebLinkAbout20132380.tiffAgreement Between: Owner and Contractor Page 1 of 6
contract Type: where the basis for Payment is a Stipulated Sum Document No. OCSS101
Date of Contract Agreement: 9-25-2013
Owner:
Weld County Department of Public Works
Weld County
1111 H Street
Greeley Colorado 80631
Contractor:
Buildings By Design LLC
18163 MCR 26
Brush Colorado 80723
The Project is:
New Storage Shop 80x175x16 Chief Pre Engineered Building
Design Build as per accepted Bid proposal 8-19-2013 from BBD ( attached)
The Architect is:
Architect:
Na
Structural Engineer
IRKS
Denver Colorado
The Owner and Contractor agree as follows.
TABLE OF ARTICLES
1 THE CONTRACT DOCUMENTS BBD Bid Proposal for Design build
2 THE WORK OF THIS CONTRACT
3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4 CONTRACT SUM
5 PAYMENTS
6 DISPUTE RESOLUTION
7 TERMINATION OR SUSPENSION
8 MISCELLANEOUS PROVISIONS
9 ENUMERATION OF CONTRACT DOCUMENTS
10 INSURANCE AND BONDS
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Agreement Between: Owner and Contractor Paget of
Contract Type: where the basis for Payment is a Stipulated Sum Document No. OCSS101
The Contract Documents consist of this Agreement, Conditions of the Contract (General, supplementary
and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement,
other documents listed in this Agreement and Modifications issued after execution of this Agreement; all
of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or
repeated herein. The Contract represents the entire and integrated agreement between the parties hereto
and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration
of the Contract Documents, other than Modifications, appears in Article 9.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contact Documents, except as specifically
indicated in the Contract Documents to be the responsibility of others.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date
is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner.
(Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that
the date will be fixed in a notice to proceed.)
April 2, 2014
If, prior to the commencement of the Work, the Owner requires time to file mortgages, and other security
interests, the Owner's time requirement shall be as follows:
Owners negotiations with Weld County to be determined
§ 3.2 The Contract Time shall be measured from the date of commencement.
§ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( April 2014)
from the date of commencement, subject to weather, acts of god, change orders or alternates taken.
subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on
time or for early completion of the Work.) Not applicable
ARTICLE 4 CONTRACT SUM
§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's
performance of the Contract. The Contract Base Sum shall be Dollars ($ 669,419.00), subject to
additions and deductions provided in the Scope and Proposal dated 8-19-2013
§ 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the
Contract Documents and are hereby accepted by the Owner: None
Change Orders will be recognized in writing only, signed by Weld County and Contractor before any
such work is preformed or added to the schedule of values for payment.
§ 4.3 Unit prices, if any, are as follows: (Identify and state the unit price; state quantify limitations, if any,
to which the unit price will be applicable.)
Item
Na Change orders will be cost plus 10%
Agreement Between: Owner and Contractor Page 3 of 6
Contract Type: where the basis for Payment is a Stipulated Sum Document No. OCSS141
ARTICLE 5 PAYMENTS
§ 5.1 PROGRESS PAYMENTS
§ 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates
for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract
Sum to the Contactor as provided below and elsewhere in the Contract Documents.
§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the
last day of the month:
Monthly Billing, Approved completed work by Toby Talor of Weld County
§ 5.1.3 Provided that an Application for Payment is received by the Owner not later than the 5'" day of a
month, the Owner shall make payment of the certified amount to the Contractor not later than the 25th
day of the month. If an Application for Payment is received by the Owner after the application
date fixed above, payments shall be made by the Owner not later than (20 )days after the
Owner receives the Application for Payment.
§ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by
the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the
entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in
such form and supported by such data to substantiate its accuracy as the Owner may require. This
schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's
Application for Payment.
§ 5.1.5 Application for Payment shall show the percentage of completion of each portion of the Work as of
the end of the period covered by the Application for Payment.
§ 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment
shall be computed as follows:
.1 Take that portion of the Contract Sum properly allocable to completed Work as determined
by multiplying the percentage completion of each portion of the Work by the share of the
Contract Sum allocated to that portion of the Work in the schedule of values, less retainage
of five percent (5 %). Pending final determination of the cost to the Owner of changes in the
work, amounts not in dispute shall be included as provided in Section 7.3.9 of GCC201;
.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing), less retainage of five percent (5 %);
.3 Subtract the aggregate of previous payments made by the Owner; and
.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for
Payment as provided in Section 9.5 of GCC201.
§ 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further
modified under the following circumstances:
.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total
payments to the full amount of the Contract Sum, less such amounts as the Owner shall
determine for incomplete Work, retainage applicable to such work and unsettled claims;
and (Section 9.8.5 of GCC201 requires release of applicable retainage upon Substantial
Completion of Work with consent of surety, if any.)
.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the
Contractor, any additional amounts payable in accordance with Section 9.10.3 of
Document GCC201.
§ 5.1.8 Reduction or limitation of retainage, if any, shall be as follows:
Agreement Between: Owner and Contractor Page 4 of 6
Contract Type: where the basis for Payment is a Stipulated Sum Document No. OCSS101
(if it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage
resulting rom the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained
elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.)
Upon Substantial Completion the retainage reduction will be 2.5% or cut into half.
§ 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to
suppliers for materials or equipment which have not been delivered and stored at the site.
§ 5.2 FINAL PAYMENT
§ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when:
.1 the Contractor has fully performed the Contract except for the Contractor's responsibility
to correct Work as provided in Section 12.2.2 of GCC201, and to satisfy other
requirements, if any, which extend beyond final payment.
§ 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the
Completion of the project ( not including punch lists)
ARTICLE 6 DISPUTE RESOLUTION
§ 6.1 INTIAL DECISION MAKER
The Owner and Contractor will serve as Initial Decision Makers pursuant to Section 15.2 of document
GCC201, unless the parties appoint below another individual, not party to this Agreement, to serve as
Initial Decision Maker. N/A
§ 6.2 BINDING DISPUTE RESOLUTION
For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of document GCC201,
the method of binding dispute resolution shall be as follows: (Check the appropriate box. if the Owner and
Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in
writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a
court of competent jurisdiction.)
❑x Arbitration pursuant to Section 15.4 of document GCC201
ARTICLE 7 TERMINATION OR SUSPENSION
§ 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of
Document GCC201.
§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of GCC201.
ARTICLE 8 MISCELLANEOUS PROVISIONS
§ 8.1 Where reference is made in this Agreement to a provision of GCC201 or another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions of the
Contract Documents.
§ 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at
the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place
where the Project is located.
(Insert rate of interest agreed upon, if any.)
10%
Agreement Between: Owner and Contractor Page 5 of 6
Contract Type: where the basis for Payment is a Stipulated Sum Document No. OCSS1 O1
§ 8.3 The Owner's representative is:
Toby Taylor
Weld County
§ 8.4 The Contractor's representative is:
Tom Lefever
Brush Colorado 970-396-1165
§ 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written
notice to the other party.
§ 8.6 Other provisions:
County will provide on site, all the site fill materials for the project. County will pay any additional
power requirements from Xcel as per addenda
County ( Toby Taylor) will accept Chief wall panel profile with custom color matching Butlers blue
ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS
§ 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are
enumerated in the sections below.
§ 9.1.1 The Agreement is this executed Document 101, Agreement Between Owner and Contractor.
§ 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. NA
§ 9.1.4 The Specifications:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Section
Proposal
Drawing
Title
Scope and proposal
Drawing by BBD
Date
8-19-2013
9-9-2013
§ 9.1.5 The Drawings:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
Number Title Date
1
1
1
Pages
All
4
Elevation drawings Drwn by Tom Lefever 9-9-2013
Foundation Drawings 9-9-2013 RKS
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the
bidding requirements are also enumerated in this Article 9.
NA
ARTICLE 10 INSURANCE AND BONDS
Agreement Between: Owner and Contractor
Contract Type: where the basis for Payment is a Stipulated Sum
Page 6 of 6
Document No. OCSS1 0I
The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of
document GCC201. (State bonding requirements, if any, and limits of liability for insurance required in
Article 11 of document GCC201.)
Type of Insurance or Bond
Standard Certificate
Performance and Payment Bond
Builders Risk
Limit of Liability or Bond Amount ($0.00)
1,000,000.00
Amount of Contract
Amount of Contract
This Agreement entered into as of the day and year first written above.
Owner (Signature) Weld County
SEP 2 5 2013
William F. Garcia, Chair
(Printed Name & Title)
7
Contractor BBD v
Printed name and title
aev3-a38d
DEPARTMENT OF BUILDINGS AND GROUNDS
PHONE: (970) 304-6531
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
August 29, 2013
To: Board of County Commissioners
From: Toby Taylor
Subject: Public Works Storage Building; Bid #B1300147
This bid is for a design build for an 80' by 175' storage building at the Public Works Complex. The low
bid is from Buildings by Design for $661,419. The bid specifications required the steel color to match the
existing buildings within the complex. Buildings by Design has indicated in their proposal that an exact
match can be obtained for an additional $8,000. To meet specifications, their bid total is $669,419 and
they are still the low bid. Therefore, Buildings & Grounds is recommending the bid be awarded to
Buildings by Design for $669,419.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
9/'(/zo'a
p2O/3- a38o
Oeooi.S-
WELD COUNTY PURCHASING
1150 O Street Room 107, Greeley CO 80631
E -Mail: mwaltersaco.weld.co.us
E-mail: reverettAco.weld.co.us
Phone: (970) 356-4000, Ext 4222 or 4223
Fax: (970) 336-7226
DATE OF BID: AUGUST 19TH, 2013
REQUEST FOR: PUBLIC WORKS STORAGE BLDG
DEPARTMENT: BLDGS & GROUNDS DEPT
BID NO: #B1300147
PRESENT DATE: AUGUST 215T, 2013
APPROVAL DATE: SEPTEMBER 4TH, 2013
TOTAL
VENDORS PROJECT COST
BUILDINGS BY DESIGN
18163 MCR 26
BRUSH CO 80723
D & S STEEL BLDGS CO
1503 2N° AVENUE
GREELEY CO 80631
HEATH CONSTRUCTION
141 RACQUETTE DR
FT COLLINS CO 80524
MCCAULEY CONSTRUCTORS INC
650 INNOVATION CIRCLE
WINDSOR CO 80550
**TOBY TAYLOR IS REVIEWING THE BIDS AT THIS TIME.
003
$661,419.00
$688,731.00
$699,000.00
$889,365.00
2013-2380
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