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Home My WebLink About890259.tiff RESOLUTION RE: APPROVE AGREEMENT AND ADDENDUM TO AGREEMENT BETWEEN WELD COUNTY, LARRY E. STEEL, AND JERALD CONSTRUCTION COMPANY, INC. , AND AUTHORIZE CHAIRMAN TO SIGN 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 an Agreement and an Addendum to Agreement between Weld County, Larry E. Steel , and Jerald Construction Company, Inc. , concerning specifications for certain doors to be installed at the Motorpool Service Center Building, and WHEREAS, after review, the Board deems it advisable to approve said Agreement and Addendum to Agreement, a copy of each document being attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement and Addendum to Agreement between Weld County, Larry E. Steel, and Jerald Construction Company, Inc. , be , and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is , authorized to sign said Agreement and Addendum to Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of March, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: // (4 , VA4Mr1«(Z(rt) WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C.W. Kir y, C irman EXCUSED DATE OF SIGNING - AYE Ja eline Johnson, Pro-Tem I puty County lerk f)/ e eglatat APPROVED TO FORM: Gene R. Brantner George K ned County Attorney Go a r3 G O c o 3 (!fl df!a.,,.F ^aA7 890259 THIS AGREEMENT WAS DECLARED NULL AND VOID BY RESOLUTION DATED MARCH 29, 1989. 7177/2) 890259 ead AGREEMENT THIS AGREEMENT is made and entered into this 15th 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 890259 WHEREAS, all of the parties hereto desire to retain their contractual and other rights as set forth in the contract dated September 1, 1988; 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. 2. Installation of Overhead Garage Doors. The Commissioners 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 -2- 890259 _ _ 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 contract between the parties dated September 1, 1988, or otherwise. 4 . Damages for Delay. The parties acknowledge that since the inception of this dispute they have attempted resolution thereof in good faith. No such resolution has been forthcoming, thereby inducing the parties to enter into this interim agreement to allow the completion of the project. In recognition thereof, the parties agree to waive and not to seek from one another any damages, either actual, consequential, or liquidated, related solely to delays in the completion of this project as a result of this dispute concerning the selection and installation of overhead garage doors. 5. Binding Effect. This Agreement shall be binding -3- 890259 upon the parties, their heirs, executors, and assigns. ' IN WITNESS WHEREOF, the parties have signed this Agreement the day and year first above written. WELD COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST: � n�U/ly✓ I :-t,i�:1,n�,L-.) By fi x �/ ti' C.W. Kirby / B �- [print name] ` Chairman eputy [title] Larry E. Steel J LWCONSTRUCT ON 0. , INC. e ald H. se , residen -4- 830259 - CHANGE DistIibwion to; ORDER OWNER ❑ ARCHITECT ❑ Aln DOCUMENE G701 CONTRACTOR ❑ FIELD ❑ OTHER ❑ 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): ARCHITECT'S PROJECT NO: 8803 Jerald Construction Co. , Inc CONTRACT FOR: Motorpool Service Center Bldg. 1314 Webster Ave. Greeley, CO Ft. Collins, CO 80524 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. Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agiecnient herewith, including any adjustment in the Contract Sum or Contract 'lime. lRe original (Contract Sum) XiXrX4(YW)SX&XXIM)XXXXXM was $ 1 ,511 ,000.00 Net change by previously authorized Change Orders $ 20,748.00 • The (Contract Sum) (%)0(r)1(MX9(X`X:X°)Ck9PXAcooO prior to this Change Order was $ 1 ,531 ,748.00 ' ,531 ,748.00 • The (Contract Sum) (XX1Xx)<kX'XIX'X'X'k'X'X'XXSFkX) will be (increased) OCX(EXalklkdlMGXOC.IX- d) by this Change Order $ 22,679.00 , The new (Contract Sum) (XiY✓XiVila11X,X:X<XIXM iXIXrXsXlxncluding this Change Order will be $ 1 ,554,427.00 , The Contract Time will beXJiXi06Xd(t{Xd(JkXdJ XJO (unchanged) by ( * 1 Days. The Dale of Substantial Completion as of the dale of this Change Order therefore is May 8, 1989 Authorized: Larry E. Steel Jerald Construction Co. , Inc. Weld County, Colorado clul C1 ( . lR CIO o N reetev National Plaza , Suite (5.U.u3ox 1962 v.U. Box 758 Address 64O Address ,/ Address Greelev. Co 80631 Ft.�� 8051 Greeley, CO II0632 uY nY 11 / d nv DATE DALE W2 /89 DALE AIA DOCUMENT G70I • CIIANGE ORDER • APRIt. 1970 E1711ION • Ale • © 1970 DIE AMERICAN'NW NNE or ARCI IIIEC1 S, 1735 NEW PORK AVE.,N.W.,WASIIINGtON, D.C. ]01X4 6701 -1970 F-114/1,6/Z4 4 890259 ADDENDUM TO AGREEMENT THIS ADDENDUM is made and entered into this 15th day of March , 19 89 , 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; " These provisions shall constitute an Addendum to the Agreement and considered an integral part of said Agreement. 1 . The final WHEREAS clause of the Agreement shall be amended to read as follows: 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; 2 . There shall be an Addendum to the last sentence of paragraph 3 of the Agreement which shall read as follows: "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. " 3 . Paragraph 3 of the Agreement shall be amended by the addition of the following sentences: "By the terms of this Agreement and the 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 by Jerald. Further, Commissioners specifically retain the right to dispute the $22 ,769 .00 change and to retain said sum from final payment pending resolution of the dispute . " Page 1 of 2 Pages 890259 IN WITNESS WHEREOF, the parties have signed this Addendum effective the date first above written. ATTEST: e-aitAlre,e;‘) WELD COUNTY BOARD OF COUNTY COMMISSIONERS Weld County C rk and Recorder , and Clerk to the Boa By: �;f/T -`4' C. W. Kirby,/Chairman J / epuuty County C erk LARRY E. STEEL JERALD CONSTRUCTION CO. INC. By: Jerald H. Russell , President 890259 Page 2 of 2 Pages Hello