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RESOLUTION
RE: APPROVE AGREEMENT BETWEEN WELD COUNTY, LARRY E. STEEL, AND
JERALD CONSTRUCTION COMPANY, INC. , AND AUTHORIZE CHAIRMAN TO
SIGN NECESSARY DOCUMENTS
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 did by Resolution dated March 15 , 1989,
enter into an Agreement with Larry E. Steel and Jerald
Construction Company, Inc. , concerning specifications for certain
overhead doors to be installed at the Motorpool Service Center
Building, and
WHEREAS, said Agreement, in which none of the parties admits
fault at this point, was requested because this matter is likely
to go to arbitration for a determination as to the responsible
party for payment of the costs as set forth in the attached Change
Order concerning the installation of said doors, and
WHEREAS, said Agreement of March 15 , 1989 , was not acceptable
to all parties concerned; therefore, a revised Agreement has been
submitted to the Board for its consideration, and
WHEREAS, after review, the Board deems it advisable to
declare the Agreement of March 15 , 1989 , null and void, and
approve the Agreement of March 29 , 1989 .
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Agreement of
March 29 , 1989 , between Weld County, Larry E. Steel, and Jerald
Construction Company, Inc. , and the attached Change Order be, and
hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Agreement and attached Change
Order.
\\ 890295
Page 2
RE: AGREEMENT - STEELE AND JERALD CONSTRUCTION CO. , INC.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 29th day of
March, A.D. , 1989 .
�Jtil � BOARD OF COUNTY COMMISSIONERS
ATTEST: urn WELD COUNTY, COLORADO
Weld County lerk and Recorder r1
and Clerk to the Board C.W. Kirby, airman
1
BY: J cq line J hnson, Pro-Tem
eputy County rk
EXCUSED
APPR VED AS TO FORM: Gene R. Brantner
Geor a ennedy
County Attorney -1;w E
Gordon E. Lacy,
890295
AGREEMENT
THIS AGREEMENT is made and entered into this 29th day of
March, 1989 , by and between the WELD COUNTY BOARD OF COUNTY
COMMISSIONERS, hereinafter referred to as the "Commissioners, "
LARRY E. STEEL, hereinafter referred to as "Steel , " and JERALD
CONSTRUCTION CO. , INC. , a Colorado corporation, hereinafter
referred to as "Jerald" ;
WITNESSETH:
WHEREAS, on or about September 1 , 1988 , the Commissioners
contracted with Steel and Jerald for architectural and general
contractor services relating to the design and construction of the
Motorpool Service Center Building in the Weld County Business Park
in Greeley, Colorado; and
WHEREAS, a dispute has arisen between the parties concerning
specifications for certain doors to be installed at the Motorpool
Service Center Building; and
WHEREAS, it is the desire of all parties to promote prompt
completion of this project without delays occasioned by the
aforesaid dispute; and
WHEREAS, the Commissioners have instructed Jerald to proceed
with the installation of certain specifically identified overhead
garage doors; and
WHEREAS, all the parties hereto desire to retain their
contractual and other rights as set forth in the contract dated
September 1 , 1988 , between Commissioners and Jerald, and the
contract dated March 11 , 1988 , between Steel and Commissioners;
NOW, THEREFORE, for and in consideration of the recitals
contained herein, the parties agree as follows:
1 . Preamble. The parties acknowledge that the recitals set
forth above are true and correct, and those recitals are hereby
incorporated in the body of this Agreement.
Page 1 of 3 Pages 890295
2 . Installation of Overhead Garage Doors. The Commis-
sioners acknowledge that they have instructed Jerald to install
overhead garage doors as manufactured by Overhead Door Company,
Inc. , and specifically identified as Series 595 . In accordance
with the Commissioners ' instructions, Jerald, through its agent,
Douglas McCarthy, submitted a Change Order to the Commissioners
and Steel reflecting the Commissioners ' instructions. A copy of
that Change Order is attached hereto and incorporated herein as
"Exhibit A. " It is understood between the parties that upon the
execution of the Change Order by the Commissioners and Steel,
Jerald will arrange for the delivery and installation of the
overhead garage doors described therein.
3 . Reservation of Rights. The parties acknowledge that
they have agreed to the execution of the aforesaid Change Order in
order to enable the project in question to proceed to completion
as promptly as possible. Likewise, the parties acknowledge that a
dispute has arisen between them concerning the financial
responsibility for the increased expense incurred by the selection
and installation of the overhead garage doors described in the
Change Order. By the terms of this Agreement, each of the parties
specifically retains any and all rights and remedies which may be
available under the contracts between the parties dated September
1 , 1988 , and March 11 , 1988 , or otherwise.
4 . Retainage. By the terms of this Agreement and Exhibit
"A, " Change Order, Steel and Commissioners do not waive the
contention that the sums included in the change order for the
additional cost for labor and materials for the installation of
the Overhead 595 doors and temporary enclosures should be assumed
oby Jerald. Further, Commissioners specifically retain the right
to dispute the $22,419 . 00 change and to retain said sum from final
payment pending resolution of the dispute. This shall not
uthorize the retainage of any sums in addition to the amounts
authorized pursuant to Article 5 of the Agreement of September 1 ,
1988 .
5 . Reservation of Rights by Steel . Steel contends that the
Change Order appended hereto as Exhibit "A" is not necessary to
accomplish completion of the project pending resolution of the
dispute. Steel ' s signature on this Agreement and on the Change
Order is done as an accommodation to the other parties , but it
shall not be considered a concession, admission, or acknowledgment
of the need for the Agreement or Change Order.
5 . Binding Effect. This Agreement shall be binding upon
the parties, their heirs , executors , and assigns .
Page 2 of 3 Pages 890295
IN WITNESS WHEREOF, the parties have signed this Agreement
effective the date first above written.
ATTEST: ‘77WELD COUNTY BOARD OF COUNTY
COMMISSIONERS
Weld County erk and Recorder ,� ,� "
and Clerk to the Boa By: /_'"� //
( C. W. Kirby,2
airman
YO71-vic c� ���6�
D puty County rk
/ E. 2 , A)4
LARRY E. TEEL
JERALD CONSTRUCTION CO. INC.
By.
6 ald H.kAs 11 Pres]. nt
890295Page 3 of 3 Pages
CC-1ANGE EXHIBIT "A"Distribution to:
ORDER OWNER 0
ARCHITECT 0
AM DOCUMENT G701 CONTRACTOR 0
FIELD 0
OTHER 0
PROJECT: Motorpool Service Center Bldg. CHANGE ORDER NUMBER: Two
(name, address) Weld County Business Park
Greeley, CO 80632 INITIATION DATE: March 3, 1989
TO (Contractor):
1 ARCHITECT'S PROJECT NO: 8803
Jerald Construction Co. , Inc. CONTRACT FOR: Motorpool Service Center Bldg.
1314 Webster Ave. Greeley, CO
Ft. Collins, CO 80524
L I CONTRACT DATE: September 1 , 1988
You are directed to make the following changes in this Contract:
Provide overhead garage doors as manufactured by Overhead Door Compnay, Inc. series 595:
Overhead Doors Less Raynor Door $ 17,011 .00
(69,911 .00 - 52,900.00)
Temporary Inclosurers: Labor 1 ,831 .22
Material 879.00
Sub-total 19,721 .22
Profit & Overhead 15% . 2,958.18
TOTAL COST $ 22,679.00
*Pending delivery and installation.
This Change Order is issued pursuant to, y
and subject to, that certain Agreement dated the 29th day of March, tO
1989, between the owner, contractor, and architect.
Not valid until signed by both the Owner and Architect.
Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sun or Contract Time.
The original (Contract Sum) XakX-K XX&XD*XX KJ4 (XXJSD4 was $ 1 ,511 ,000.00 .
Net change by previously authorized Change Orders $ 20,748.00
The (Contract Sum) (%)QXrXm X9(; 4.084KixiXf)(t#J(1 prior to this Change Order was $ 1 ,531 ,748.00 •
The (Contract Sum) (f(,XIXr XJt xiJ(t)OgteJpJIy(gXXt) will be (increased) (HaiKYOkdIJXWDLl(T 14X)
by this Change Order $ 22,679.00 .
The new (Contract Sum) (X;XI)(rXt)bI `'XX4JJSD(4XifXs;,1)Gncluding this Change Order will be $ 1 ,554,427.00 .
The Contract Time will beXtX'XM%XdfXX(X(X d( X0O (unchanged) by ( * ) Days.
The Date of Substantial Completion as of the date of this Change Order therefore is May 8, 1989
Authorized:
Larry E. Steel Jerald Construction Co. , Inc. Weld County, Colorado
CI11 CT ( ) tR CTO O N
reeler National Plaza, Suite I�.�.�ox 962 . Box 758
Address 640 Address Address
Greeley, Co /8er0-6'311 [ r� Ft. o It 80522 Greeley,ey, CO 80632
8Y� e. kee , A j A 8Y _ 8v /i/// i
DATE 5 � DAtE 3 19 Ce9
DAtE 3/24/119
AIA DOCUMENT G701 • CHANGE ORDER • APRIL 1978 EDITION • AIM. • 0 1978 G701 -7978
'HIE AMERICAN INSTITUTE OE ARCHITECTS,1735 NEW YORK AVE., NM.,WASHINGTON, D.C. 20006
89€ 295
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