HomeMy WebLinkAbout20010190.tiff RESOLUTION
RE: APPROVE CONSTRUCTION CONTRACT 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 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 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 22nd day of January, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
�,�,�� WELD COUNTY, COLORADO
ATTEST: i ) i l t s, E % EXCUSED
77 D is'��J 444 . J. Geile, Ch it
Weld County Clerk to the :I rd V®4)eSm
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BY: . -a a✓_ _i>.r. '. AST 4,
Deputy Clerk to the Boa*L11877
lia H. J rke
APPR7ED AS T ORM:
7 avid . Lon
1-612nty Attorney
Robert D. Masden
2001-0190
pC , /v.E . •/err,,Lf �Di25/r udi� v7 HR0072
CONSTRUCTION CONTRACT
THIS AGREEMENT made and entered into this 15th day of January 2001 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 10`h 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. 1/2
Road, Grand Junction, Colorado, 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 I 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
$217,123.88 (the amount of$40,233.12 has already been paid, leaving the amount due
being $176,890.76).
3. PROGRESS PAYMENTS. The Owner shall make payments upon the Contract as
follows: $46,944.00 upon signing of this Contract, receipt of which is hereby
acknowledged, and the balance of$129,946.76 as follows: $66,944.00 upon completion
of units being set on foundation, and $51,156.11 upon completion of curb and gutter.
$11,846.65 as final payment shall be paid as detailed in paragraph 4., below.
Page 1 of 6 Pages
2001-0190
4. ACCEPTANCE AND FINAL PAYMENT. Final Payment of the Contract sum shall be
due fifteen days after completion of all the 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. At such time the
Contractor determines that the construction is completed, pursuant to Exhibit A and any
plans and specifications, he will notify the Owner to make their field inspection. Within
five days thereafter, the Owner will complete their inspection and prepare a punch list of
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 of mechanic lien
releases or waivers from all material and equipment suppliers and persons who have
performed labor upon the premises.
5. CONTRACT DOCUMENTS. Exhibit A and any plans and specifications shall be signed
by all parties to this Contract and are considered a part or this Contract as heretofore
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, UTILITIES AND EMPLOYEES. Except as otherwise provided, the
Contractor shall provide 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. LICENSES, PERMITS AND TAXES. The Contractor shall be responsible for securing
all licenses necessary to perform the Work. The Contractor shall be responsible to pay all
taxes on the material and labor and the cost thereof shall be considered a part of the
Contract sum stated herein. The Contractor shall be responsible to obtain any necessary
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 Contractor, in the
performance of the Work, shall comply with all laws and regulations of the County of
Mesa and the State of Colorado and shall notify the Owner if any of the details of Exhibit
A or of any plans and specifications are at variance therewith.
9. PROTECTION OF WORK PROPERTY AND PERSONS. The Contractor agrees to
adequately protect the Work and the Premises, the property adjacent thereto and the
public, and shall be responsible for any damage, loss of materials or injuries due to his act
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. CHANGES 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,
whether it be an increase or decrease, and said writing must be completed and the Owner
shall pay for any increase before the Contractor performs the work involved.
12. CORRECTION OF WORK. The Contractor shall correct and reconstruct any work that
fails to conform to the requirements of this Contract document that appears during the
progress of construction, and shall remedy any defects due to faulty materials or
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 CONTRACT. Should the Contractor neglect
to prosecute and perform the Work properly, or fail to perform any provisions of this
Contract, the Owner, after fourteen (14) days written notice to the Contractor, may
without prejudice to any other remedy they may have, perform any deficiencies and may
deduct the cost thereof from the payment then or thereafter due the Contractor; or, at its
option, the Owner may terminate this Contract and any payment then or thereafter due the
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 CONTRACT. Should the Work be
stopped for a period of forty-five (45) days or more by any public authority, through 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.
15. CONTRACTORS LIABILITY AND WORKMENS COMPENSATION INSURANCE.
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 to cover the construction of the
project. The Contractor further agrees to carry liability insurance to cover the Owner and
Contractor for public liability in a reasonable amount. The Contractor agrees to be
responsible for any tools owned by the Contractor, any of his employees, or sub-
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 hereby
reserves the right at any time during the term of this Contract to make any and all
payments due and owing to the suppliers of materials, equipment or to persons
performing labor, including sub-Contractors, direct to said persons or firms; provided,
however, that all such payments shall be credited to the Contract Sum.
17. ATTORNEYS FEES. In the event either of the parties hereto is required or elects to
resort to legal action to protect their rights under this Contract, the defaulting party shall,
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.
18. CLEANING UP. The Contractor shall keep the Premises free from accumulation of
waste material and rubbish and upon the completion of this Contract shall remove from
the Premises all rubbish and surplus materials and the building site in a broom clean
condition.
19. DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION. The Work
shall commence on or about February 1, 2001, and shall be substantially completed
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 or parties, including
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. CONTRACT BINDING. This Contract shall extend to and be binding upon the heirs,
personal representatives, administrators, successors, and assigns of the respective parties
hereto.
21. ENTIRE AGREEMENT/MODIFICATION. This Contract contains the entire Contract
and understanding between the parties to this 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 to have created a duty of care
which did not previously exist with respect to any person not a party to this Contract. The
parties hereto acknowledge and agree that no part of this Contract is intended to
circumvent or replace such immunities.
24. NOTICES: Any formal notice, demand or request provided for in this Contract shall be
in writing and shall be deemed properly served, given or made if delivered in person 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, covenants or conditions of this
Contract or their application shall be held invalid as to any person, corporation or
circumstance of any court having competent jurisdiction, the remainder of this Contract,
and the application in effect of its terms, covenants or conditions to such persons,
corporations or circumstances shall not be affected thereby.
26. ORIGINAL COUNTERPARTS: 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:
ATTEST:Lie d >. E La` COUNTY OF WELD, a subdivision of the
Weld County Clerk to tha`•. • at .0,0‘ STATE OF COLORADO:
1 Iii r:0114
�J:
i /4‘r. I BY: A11
BY: `_.i,e .. Nit/2V'( % N, \ e, Glenn Vaad (o(- -ovl)
Deputy Clerk to the Boan�n.ps ° Board of County Commissioners of the
County of Weld , Chair Pro-Tem
CONTRACTOR:
ATTEST: MERRITT CONSTRUCTION, INC.
BY: A7".-_ Bit-71.....,74--. !/ �` ,
-Corporate Secret �fj ��, a—at.-r-�)c Merritt L. Sixbey, President
Page 6 of 6 Pages
Received: ( / 12/2001 _o2r'9 , -,-IL v.AI _.._ . h ' i
Jan 12 01 O1 : llp MERRITT CONST S70-241 -8595 p . 7
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EXHIBIT # A
ITEM ii
JOB DESCRIPTION PRICE
Grading, soil prep, site fill to sub grade elevation (imported)
$15,874.30
2 Domestic water service 70 LF 4" PVC sewer service 185 LF 3,039.50
3 r Sewer main extension, new manhole and 4" service, line bore 18,280.00
4 Provide a 2 '`° PVC conduit per telephone company from their
Pedestal to the building. Provide and install 3 - 25' 4" sq. poles
With 500 watt HPS fixture to be controlled by photo cell and time
Clock. Install a 200 AMP single-phase service to the phase 1 building.
Install 6 120-volt battery back up smoke detectors interconnected.Electric hook-up between both halves of phase 1 11 500.00
5 Site concrete for phase 1, sidewalks,curbing, light poles and 063.00
gutters, v pan 21
6 Landscaping not included in bid price.
7 Asphalt paving(3" mat with 6" ADC) 23,593.24
8 Foundation excavation backfill building foundation excavation,structural fill and backfill. 3,769.00
9 Electric, Public service fee,gas line, US West phone line and fees. 3,169..00
10 Misc. concrete for playground equipment, trash enclosure cedar fence 3 sides no gates. 1,000.00
11 Concrete retaining walls for phase I as needed. 6,019.59
12 Pea gravel playground 8"thick and top soil for planter areas 8" thick. 3,719.43
13 Fencing per plan for playground area chain link 6' tall 2 gates, 2,350.00
1 gate 3' wide and I gate 6' wide.
Received: 1 /12/2001 5:32PM: , UMAN SU 2 4 s
Jan 12 01 01 : 11p MERRITT CONST 970-241 -9595 P • 8
14 Dry utilities, 3" irrigation sleeves(24" bury) site lighting,
$ 3,852.50
light bases (24" bury).
15 Construction surveying, for sewer main layout, staking 4,320.00
Building layout.
16 Foundation, concrete and block work at the end of foundation 7,797.90
walls.
975.00
17 Stairs • reinstall to code.
18 Painting interior-- 1 color and exterior— 1 color body and 4,600.00
I color trim and outside railing.
19 Repair work interior trim,exterior trim, playground equipment, 5 400.00
Door adjustment, freezer board, and awnings.
3,500.00
20 Soil testing
21 Temporary utilities, water,jobsite restroom, cleaning,job phone 4,000.00
gas, tools, trash removal-
22 Welder for ramps, playground equipment and ramps.
2,610.00
23 Building permit, foundation inspection, sewer tap.
5,400.00
Total line items I - 23 $155,832.46
Draw 6/19/01 3,273.35
Westwater 1,98821
Removal, relocated building 37,079.77
Overhead& profit 18,949.49
TOTAL $217,123.88
Received: 1 /12/2001 &:32F'N:, ‘,,VAN .
Jan 12 01 01 : 11p MERRITT CONST 970-241 -8595 p. 9
EXHIBIT 1L B
NOTES: Not included in bid
I. "Trench and/or sub grade stabilization are not included.
2. Cold weather protection is not included.
3. Landscaping not included in bid.
4, Water tap to be furnished by owner.
5. This price is based on phase I only.
6. Water lines in units may have froze, repair price not in bid.
7, Awning on the west side of building cannot be installed because of set back.
8. Any damage incurred to building or materials during storage to be Weld Counties
responsibility.
9. Westwater Inspection lees, and permit fee, as builts for sign oil
10. Alarm systems not included in hid.
11. Start date with approval from Westwater Engineering 2/5/01
Thank you,
Merritt Sixbey
Merritt Construction Inc.
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