HomeMy WebLinkAbout20020243.tiff RESOLUTION
RE: APPROVE CONSTRUCTION CONTRACT FOR PHASE 2 OF THE GRAND JUNCTION
MIGRANT HEAD START PROGRAM PROJECT AND AUTHORIZE CHAIR TO SIGN -
MERRITT CONSTRUCTION, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with a Construction Contract for Phase 2 of
the Grand Junction Migrant Head Start Program Project between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Human Services, and Merritt Construction, Inc., with terms and conditions being
as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, a copy
of which is attached hereto and incorporated herein by reference.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Construction Contract for Phase 2 of the Grand Junction
Migrant Head Start Program Project between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Human Services, and Merritt Construction, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of January, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
���� WELD COUNTY, COLORADO
ATTEST: iitede
Gle '1aad, •
Weld County Clerk to the Board `` 1
•
David E. Lo g, Pro-Tem
� .�fr✓r.�si�
e Board
a . J. teile
186Irlr, '*
P .„t Dk' T EXCUSED
i r i)llia H. JerkeM�
�"ty Aftgtrre
=� Robert D. a den
Date of signature: _a L710.9-----
9---
2002-0243
&&s7tt#CY PR0023
MEMORANDUM
(i-cf(tsr--
DATE: January 25, 2002
TO: Glenn Vaad, Chair, Board of County Commissioner
FROM: Walter J. Speckman, Executive Director
COLORADO SUBJECT: Construction Contract with Merritt Construction,
Inc.
Enclosed for Board approval is the Construction Contract between the Weld County Board of
Commissioners and Merritt Construction, Inc.
This is Phase II of the Grand Junction Migrant Head Start Program construction project.
If you have any questions, please call me at extension 3317.
2002-0243
CONSTRUCTION CONTRACT
THIS AGREEMENT made and entered into this 23`I day of January 2002 by and
between the County of Weld, a political subdivision of the State of Colorado, by and through the
Board of County Commissioners of the County of Weld,whose address is 915 10th Street,
Greeley, CO 80631,hereinafter referred to as the"Owner", and Merritt Construction,Inc., a
Colorado Corporation, whose address is 1420 Motor Street, Grand Junction, CO 81505,
hereinafter referred to as the "Contractor".
WITNESSETH
WHEREAS,the Owner desires to construct site improvements on property owned by it,
said property being described as follows and referred to herein as the"Premises": 3093 E 1/4
Road, Grand Junction, CO, and
WHEREAS, Contractor has the equipment and manpower to complete the site
improvements as detailed herein and in the attached exhibits, and
WHEREAS, the parties have reviewed the Job Description which is attached hereto as
Exhibit"A"and made a part hereof and have indicated their approval thereof.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained,
it is agreed as follows:
1. SCOPE OF WORK The Contractor shall furnish all labor, materials and equipment and
perform all of the work to complete the construction of Phase II site work, as detailed
in Exhibit A and any plans and specifications which have been endorsed by the parties
hereto (hereinafter referred to as the"Work"). The Work shall include line items as
shown on Exhibit A. The Work does not include items listed in the attached Exhibit B
and is modified according to the terms set forth therein.
2. CONTRACT SUM The Owner agrees to pay the Contractor for the performance of this
Contract, subject to any additions or deductions as provided herein,the total sum of
$303,046.97 (the amount of$9,785.00 has already been paid, leaving the amount due
being $293,261.97).
3. PROGRESS PAYMENTS The Owner shall make payments upon the Contract as
Follows: $87,978.59 upon signing of this Contract,receipt of which hereby
acknowledged, and the balance of$205,283.38 as follows: $105,000.00 upon
completion of framing units on foundation, and $87,980.00 upon completion of curb
and gutter. $12,303.38 as final payment shall be paid as detailed in paragraph 4., below.
Page 1 of 6
&Au-D95/3
4. ACCEPTANCE AND FINAL PAYME . Final Payment of the Contract sum shall be
due fifteen days after completion of allithe work to be performed pursuant to Exhibit A
and any plans and specifications, and to the terms of this Contract. Completion of this
Contract shall be considered upon the issuance of a Certificate of Occupancy and
completion of all the items of the punch list provided described below.
o . At t such
Ah time the any
Contractor determines that the constriction is completed,pursuant to
plans and specifications,he will notify the Owner to make their field inspection.
i Wist thin
five days thereafter,the Owner will complete their inspection and prepare a p
any items to be completed and will submit the same to the Contractor. Final payment will
be made by the Owner as provided herein upon delivery to the Owner so mechanic o ien
releases or waivers from all material and equipment suppliers and persons
e
performed labor upon the premises.
S. Ehibit A and any ans and specifications shall be 5. GNTRAC all arties too this Contract and are considered a p signed
by
art or this Contract as heretofore
p
provided. The intent of these documents is to include all labor, materials, services and
equipment of every kind necessary for the proper execution of the work. The documents
are to be considered as one, and whatever is provided or required by one of the
documents shall be as binding as if required by all documents.
6. MATERIAL TILITIES AND EMPLOYEF • Except as otherwise provided,the
Contritems ecetor shall y p oe and pay
for all materials, labor, tools, water, power and other
items necessary to complete the Work. Unless otherwise specified, all materials shall be
new and workmanship and sub-contractors shall be skilled in their trades and all materials
shall be of equal quality, or better, as required by the specifications.
7. LICENS c rFu MITS AND TAX S. The Contractor shall be responsible for securing p y all
all licenses necessary to perform the Work. The Contractor shall be responsible
taxes on the material and labor and the cost thereof shall be considered a part of thenecessary
sum stated herein. The Contractor shall be responsible to obtain any
permits to complete the Work.
8. SURVEY AND REGULATIONS. Any and all easements which may be necessary to
complete the Work.shall be secured and paid for by the
Owner.
The Contrans of the c or,in th
tor, in the
f
performance of the Work, shall comply with all laws and of the details of Exhibit
Mesa and the State of Colorado and shall notify the Owner if any
A or of any plans and specifications are at variance therewith.
9. PR TECTION OF WORK PROPERTY AND PERSONS. adjacent or and r agrees
to
adequately protect the Work and the Premises,damage,the
loss of property ad materials ntor thereto due h his act
public, and shall be responsible for any g
or neglect. The Contractor shall purchase insurance as to cover any theft of materials or
loss thereof
Page 2 of 6 Pages
10. ACCESS TO WORK. The Contractor shall permit and facilitate observation of the Work
by the Owner, its agents or any other persons entitled to inspect the Premises, including
public authorities, at all times during the terms of this Contract.
11. ru 6l r[ ES IN THE WORK. The Owner may order any changes or alteration in the
Work. All such orders, alterations or adjustments shall be in writing signed by all parties
hereto, and any such writing shall reflect the adjustment in the Contract sum to be paid,
shall pay for any increase before the Contractor erforms the work nvolv and the Owner
ed.
12. CORRECTION OF WORK. The Contractor shall correct and reconstruct any work that
fails to conform to the requirements of this Contract document that appearsmaterials d duoring the
progress of construction,and shall remedyany defects due to faulty
workmanship, which appear within a period of ONE year from the date of substantial
completion of this Contract.
13. OWNER'S RIGHT TO TERMINATE THE CONTR T. Should theContractor
o ra for neglect
to prosecute and perform the Work properly, or fail to perform any provisions
is
Contract,the Owner, after fourteen(14)days written notice f tin any Contractor
deficie , and may
may
without prejudice to any other remedy they may have,perform
e
deduct the cost thereof from the payment then or thereafter due the payment to Contractor;
n thereafter due the
or, at its
option,the Owner may terminate this Contract and any
Contractor; or, at its option, may terminate this Contract and take possession of all
materials then on the premises and finish the work by such means as it sees fit, and if the
unpaid balance of the Contract Sum exceeds the expense of finishing the work, such
excess shall be paid to the Contractor; however,if such expense exceeds such unpaid
balance,the Contractor shall pay the difference to the Owner.
14. CONTRACTORS RIGHT TO TERMINATE THE CONTRAQ Shouldhe through rk be
stopped for a period of forty-five (45) days or more by any public authority,
no
fault of the Contractor; or, should the Work be stopped through an act or neglect of the
Owner for a period of fourteen(14) days; or, should the Owner fail to pay the Contractor
any payments when due, as provided herein, then the Contractor, upon fourteen(14)days
written notice to the Owner, may stop or terminate the Contract and recover the Owner
payment for all work executed pursuant to the terms of this Contract.
COMPENSATION�rrnnr tNSiJRANCE.
15. CONTRACTORS LIABILITY AND WO NS COM ENV
The Contractor agrees to maintain all Workmen's Compensation Insurance as required by
the laws of the State of Colorado. The Contractor shall provide and carry at his own
expense Builders Risk Insurance in an amount sufficient
ent to
cover ove to
the
construction
cover r the tion of the
d
project. The Contractor further agrees to carry liability
Contractor for public liability in a reasonable amount. Tof he his Contractor
nt employees,agrees
to
be
responsible for any tools owned by the Contractor, any P Yr
Page 3 of 6 Pages
contractor, which are located on the job site.
16. LIENS. The final payment due under this Contract shall not be paid to the Contractor
until the Contractor obtains and delivers to the Owner complete mechanic lien releases
arising out of this Contract,under all labor, equipment and material incorporated therein.
Notwithstanding any other provision in this Contract to the contrary,the Owner
and all
ereby
reserves the right at any time during the term of this Contract to make any
payments due and owing to the suppliers of materials, equipment or to personsperfoing labor, including sub-Contractors, direct to
however that all such payments shall be credited to the said provided,
Contract Sum.
17. AIIQB iEYS FEES. In the event either of the parties hereto is required or elects to
shall,
resort to legal action to protect their rights under this Contract,the defaulting party
in addition to the payment of any and all claims, demands or judgements obtained
hereunder, pay a reasonable attorneys fee and all Court costs incurred therein.ll keep the Premises free from ion of
18. waste material d rubbish The tractor and upon thecompletion of this Contract halltremo a from
the Premises all rubbish and surplus materials and the building site in a broom clean
condition.
r rntviPT ON. The Work
19. DAT O COMMENCEMENT AND 1SUBSTANTIAL
UB 1TAN sIAL be substantially The completed
shall commence on or about February
within 120 days thereafter, subject to any delays required by reason of
inclement weather,
the actions of the Owner or their Agents,the actions of a third party parties,
governmental agencies,over whom the Contractor has no control or right of control, or
any act of God which interferes with the completion of the project. The Contractor will
notify the Owner in writing of the occurrence of any of the above factors and the extent of
the delay within seven (7)days of the occurrence.
20. ^O* rn eQI UT--1IING. This Contract shall extend to and be binding upon the heirs,
personal representatives, administrators, successors, and assigns of the respective parties
hereto. N. This Contract contains the entire 21. and unde standi g between
the parties to 1tOhs Contract Contract
and supersedes any other
Contracts concerning the subject matter of this transaction, whether oral or written. No
modification, amendment, novation, renewal, or other alteration of or to this Contract
shall be deemed valid or of any force or effect whatsoever, unless stated in a writing duly
signed by both of the undersigned parties.
Page 4 of 6 Pages
22.
NO THIRD PARTY BENEFICIARY ENFORCEMENT. It is expressly understood and
agreed that enforcement of the terms and conditions of this Contract, and all rights of
action relating to such enforcement, shall be strictly reserved to the undersigned parties,
and nothing contained in this Contract shall give or allow any claim or right of action
whatsoever by any other person or entity not included in this Contract. It is the express
intention of the undersigned parties that any person or entity other than the undersigned
parties receiving services or benefits under this Contract shall be deemed an incidental
beneficiary only.
23. NO WAIVER OF IMMUNITY: No portion of this Contract shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may
possess, nor shall any portion of this Contract be deemed not a party
have
created
t d a duty of Contract.care
The
which did not previously exist with respect to any person
parties hereto acknowledge and agree that no part of this Contract is intended to
circumvent or replace such immunities.
ct shall 24 in wwrit ng and shall be deemed properly served, given or made if delivered in a personbe
ICES: Any formal notice, demand or request provided for in this or
sent by registered or certified mail, postage prepaid to the contracting parties at the
addresses as set forth above,unless another address is specified.
25. SEVERABILITY. In the event that any of the terms, covenantsperson,conditioi conditions
of
o this
Contract or their application shall be held en�invalid
sds t o to any he
a rema,corp of thisn Contract,
circumstance of any court having competent J
and the application in effect of its terms,covenants or conditions to such persons,
corporations or circumstances shall not be affected thereby.
26. ORIGINAL COUNT PRPARTS: This Contract may be executed in counterparts,each of
which will be an original, but all of which together shall constitute one and the same
instrument.
Page 5 of 6 Pages
IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals the
day and year first above written.
OWNER:
Al fhST: � � �a COUNTY OF WELD, a subdivision of the
Weld County STATE OF COLORADO:
' 1861
BY:
��. �!
p�
Set aet-te/S
BY: Co -LO / � q �.�` .�' Glenn Vaad, Chair (01/28/2002)
Deputy Clerk to the Board Board of County Commissioners of the
County of Weld
CONTRACTOR:
ATTEST: MERRITT CONSTRUCTION, INC.
BY 72-7 c!/ BY: //2� .
rporate Secretary Merritt L. Sixbey, President
Page 6 of 6 Pages
EXHIBIT A
January 23, 2002
Weld County Headstart Phase II
3093 E 1/4 Road
Grand Junction, CO
ATTN: Walt Speckman
Merritt Construction, Inc. is pleased to provide you with a quotation for site and civil
improvements on the above named project, as shown on the attached spreadsheet and described
below:
1. Drainage, T.C.P., Plans, Specs,Engineering,
Soil report and Planning
2. Building Permit,Insurance, Water Tap, Sewer
Tap and Planning
3. Site Grading: Grade and compact subgrade on
Phase II lot. Furnish,place and compact approximately
450 cubic yards of imported pit run fill to bring the lot to
design subgrade elevation.
4. Building Utilities: Install 151.f. of 1" copper waterline
Between the two buildings. Install 15 1.f. of 4" SDR35 PVC
sanitary sewer service from the Phase II building to the
upper end of the Phase II service line (installed under Phase I),
complete with imported bedding, native backfill and one(1)
cleanout. Install 401.f of directional bored sewer service from
the E 1/4 mainline to the lower end of the Phase II service at the
property line. Pricing includes patching,traffic control, and
Westwater Engineering inspection fees.
5. Dry Utilities: Furnish and install two each 4" Sch. 40 irrigation
sleeves at 24" bury in 115 ft. of common ditch. Natural Gas,
CATV and Electrical service have already been stubbed to the
Phase II building.
6. Parking Lot Construction: Furnish and install six(6) inches
of Cl. 6 ABC, apply a pre-emergent herbicide, install a three (3)
PAGE 1
inch asphalt mat, apply striping, install nine(9)bumper blocks,
and install one (1) accessible signs. Area of Phase II asphalt
parking is approximately 5,005 square feet.
7. Miscellaneous Sitework: Install the following site concrete with
underlying basecourse: 931.f. of 3 ft. valley pan, 3291.f. of curbed
valley pan, 1151.f. of 12" landscape curb, 1021.f. of 18" barrier curb,
851.f. of 24" retaining curb,48 sq. ft. of dumpster pad, 500 sq. ft.
of concrete walk, and 22 sq. ft. Of concrete strip. Furnish and install
2355 sq. ft. Of 8"thick pea gravel over weed barrier fabric. Furnish
and install 307 sq. ft. Of 6" thick screened rock over weed barrier
fabric. Furnish and install 12" of screened dirt in landscaped
planter areas(soil amendment, ground cover, and plantings by
others).
8. Construction Surveying: Furnish survey control, grid for fill to
subgrade, back of walk/curb stakes, redtops,bluetops,building
corners, and as-builts.
9. Foundation Work: Excavate and install 12" of imported structural
fill(3/4" base) beneath footings. Backfill exterior of footings and
stemwalls with native material. Installation of impermeable liner
and drain pipes is not included.
10. Building as per plan dated 12-04-01.
11. Electrical as per red lined plans.
12. Heating and cooling: Airease Equipment
2 G1D80AR125D20C 125,000 BTU 80% furnace
2 SCU10E48A 4 Ton 10 Seer Condenser
2 C2E48C 4 Ton Coil
PAGE 2
EXHIBIT B
January 21, 2002
RE: WELD COUNTY HEADSTART PROJECT
3093 E 1/4 PHASE II
Due to increases in construction costs, there is an increase of 5%from the original quoted cost of
building the Phase II project. Below please note the allowances for several of the line items.
Items 1, 3, and 4 have already been billed to Weld County and will be deducted from the final
number as payment is received.
Line item# Description Allowance
1 Plans $ 3,000.00
3 Engineering 3,000.00
4 County/City Planning 5,700.00
18 A Roofing Material 2,200.00
18 B Roofing Labor 1,140.00
24 Interior Trim Material(labor& door) 1,500.00 (accordian door)
27 A Flooring- Carpet 1,613.66
27 B Flooring- Carpet labor prep. 1,354.00
27 C Flooring - Tile 1,630.00
27 D Flooring - Tile labor prep. 1,000.00
28 Cabinets-material&labor 23,783.73
29 Counter Tops 5,782.43
39 Cable/Phone 484.43
40 Temp. Utilities 500.00
41 Porta-Potty 500.00
42 Dumpster 1,000.00
46 Clean up/final cleaning 450.00
Not included in bid:No appliances in bid
No awnings on building
No fire alarm pull
No landscaping - landscaper will need to furnish fencing for dump bin
No fencing
No winter protection or subgrade stabilization
FINAL BID PRICE: $303,046.97
PAGE 3
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