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Home My WebLink About731007.tiff • - s i 1. 555 ii., . .,,,t ,r *j O , NON-WAIVER AGREEMENT � . ~ C /11 lYY I tr i .. / �/JJ -(176,,,,,,,,„,;_v,`iris hereby agreed between�'n� f 4 , ,/ _ />tFR-r 1. `,;",.:. `4gfH4n ,l...4,I,Ht1�R 44,!,4,/11.+•t.f,N1,,,t,.r;r./..ir.. i� 1 U...,i11Mli i�• 1MMwi ' uNN.,i.b�. i.•� ..w4.. hereinafter called Assured, and :alp �77W..��t/;/4'h, 6.. O)+ "4 ,hereinafter called the Company,which i n Gz �- has heretofore issued to the Assured its policy No..29 a 4.7 4. ys ,that any action taken by the Company in investigating that certain accident/loss alleged to have occurred on the. . .* •57...g4 y ,T�wki+./ !i day of 7 , ,p-i, and all facts pertaining thereto including the cause, injuries, loss and damages, shall not in any way change,waive, invalidate, or forfeit any r of the terms,conditions and requirements of said policy or any of the rights of either of the parties hereto under said policy; and in the event any suit has been or shall be filed against the Assured growing out of said accident/loss,should the.Company elect to defend said• suit or participate therein, said defense or participation therein by it shalt not be construed to change,waive, invalidate or forfeit any of the terms and conditions of said policy or of any of its rights thereunder. No act of the Company done by way of said investigation or defense shall be construed as an admission of liability under said policy. It is the intention of this agreement to permit a full investigation of said accident/loss and a defense of any suit brought on account of said accident/loss,should the Company elect to defend,without in any way affecting,impairing or waiving any of the rights of either par ty hereto except that the Assured waives the right to insist that such investigation or defense by the Company shall constitute an admission of liability. ____ . � — EXECUTED-1N- DUPLICATE This,the...24th. _.:.day of April . - , 197 - Witnass, . .�t��e�t.'4-1 R;.u►.a --� witness......, _ rt y G�.._ tl�..�" �:� �J` . . l f ` 1 / ,r - COT� +, �� BY: V �.i,e‘A.. +..iao--) j ..V� trox, STATE OF C Lo fie. COUNTY OF WELD Filed with the Clerk of e1@ Beard of County Cornm«01@e@/§ MAY 1 1J74 qv vOt �f �-s .. /`� ' .... ,._ i 556 ' , RESOLUTION WHEREAS, pursuant to law, the Board of County Commissioners, Weld County, Colorado, is vested with the responsibility of administer- ing the affairs of Weld County, Colorado, and WHEREAS, Weld County has accumulated the following item of personal property in a normal course of its usage which should be dis- posed of, to-wit: 1 - 1953 Gerstenlager, one-ton chassis Bookmobile and, WHEREAS, the Board believes it to be in the best interest of the County that the aforementioned item of personal property be sold pur- suant to law. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that Mr. Barton Buss, Chief Accounting Officer and Purchasing Agent for Weld County, advertise the sale of said aforementioned article of personal property pursuant to the appropriate statutes governing such sales; and that any and all monies received from such sale shall be deposited in the County General Fund. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of April, A. D. , 1974. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO f / - '(( I 1 i V l /2J iy Q,<,t/A..._/1://%,-.6(--‘7er I 1 ATTEST/L ��,}(/r idii )Z.. i Weld County Clerk and Recorder and Clerk to the Board BY , .e . _ , • (� ; '.LC-f Deputy Cou ty4Clerk , APPROVED AS TO FORM: 1 +.__—__s . i 7. � �a ;�,_a- County " , At °me y - --- 557 1 wilt RESOLUTION WHEREAS, pursuant to law, the Board of County Commissioners, Weld County, Colorado, is vested with the responsibility of administer- ing the affairs of Weld County, Colorado, and WHEREAS, it has been determined by the Board that there is a need to furnish certain services for the removal of trash and other rubbish, etc. from certain County owned areas, all in accordance with copy of proposal marked Exhibit A attached herewith and made a part hereof, and WHEREAS, the Board believes it to be in the best interest oft e County to seek bids for the Board's approval relative to the purchase of such services for County purposes in accordance with the proposal therein. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that Mr. Barton Buss, Chief Accounting Officer for Weld County, advertise for bids to furnish cer- tain services to the County for the removal of trash and other rubbish, etc. from certain County owned areas, all in accordance with proposal hereinabove mentioned. BE IT FURTHER RESOLVED, that the Board be, and it hereby is authorized to execute an agreement with the successful bidder for the furnishing of services for County purposes with relation to the re- moval of trash, rubbish, etc. , all as specified in the attached proposal and to make the same effective forthwith. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of April, A. D„ 1974. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • (4_, C L Y L -4,_14,2- L-<'t /. //1 0--CA,C4...- A ,:„.4-)yAaefer ,7 ATTEST: t '� r 6' / '� 0.-�L` v Weld County Clerk and Recorder and Clerk to the Board BY . _ " _ ,:t_ ', L'', ; 'i:.( Deputy County Clerk ?'+- APPROVED AS TO FORM: - % (.__ / ,. ( t. �: CouhY n Y f Atto e ' i 558 �&P giv 34,2a&t,LE,Gi RESOLUTION WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to COUNTY OF WELD, State of Colorado, an addendum to agreement whereby Union Pacific Railroad Company granted to said County the right to excavate and remove earth borrow from Railroad Company' s right of way, near Harney, Colorado; said addendum (hereinafter called "agreement") providing for renewal of agree- ment and substitution of print and being identified in the records of the Railroad Company as its C.D. No. 48559-1-C ; and WHEREAS , the Board of County Commissioners of County of Weld, State of Colorado has said proposed agreement be- fore it and has given it careful review and consideration; and WHEREAS , it is considered that the best interests of said County of Weld, State of Colorado, will be subserved by the acceptance of said agreement; THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COUNTY OF WELD, STATE OF COLORADO: That the terns of the agreement submitted by Union Pacific Railroad Company as aforesaid be and the same hereby are accepted in behalf of said County; That the Chairman of the Board of County Commissioners of said County hereby is authorized, empowered and directed to execute said agreement on behalf of said County, and that the County Clerk hereby is authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this resolution. STATE OF COLORADO ss COUNTY OF WELD _) I, S. Lee Shehee, Jr. , County Clerk of the County of Weld, State of Colorado , hereby certify that the above and foregoing is a true, full and correct copy of a resolution adopted by the Board of County Commissioners of the County of Weld, State of Colorado , at a meeting held according to law at Greeley, Colorado , on the 24th day of April , 1974 , as the same appears on file and of record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the County of Weld, State of ColQrarlo this 24th day of April ' 19 74-. County Clerk o the County of Weld,_ State of C9,(orado. • I I - 559 DUPLICATE ORIGINAL Licersee's Co,;ntn:rt C. D. No. 48559-1-C ADDENDUM TO AGREEMENT dated April 10 , 1967, between UNION PACIFIC RAILROAD COMPANY (called "Railroad Company") and COUNTY OF WELD, State of Colorado (called "Licensee") covering grant of right to excavate and remove earth borrow from Railroad Company's right of way, near Harney, Colorado, for a term of two (2) years commencing April 10 , 1967, said agreement, by riders dated April 8 , 1969 , and February 17, 1971, having been extended to and including April 9 , 1973. Said agreement is iden- tified in the records of the Railroad Company as Audit No. 110247. IT IS MUTUALLY AGREED by and between the parties to the above-named agreement as follows : Section 1. Said agreement dated April 10 , 1967, which is by reference made a part hereof, is hereby adopted by said parties as their agreement for the period commencing April 10 , 1973 , and extending to and including April 9 , 1975 , and all the terms and conditions of said agreement, as herein amended, shall have the same force and effect and be as binding upon the parties hereto during the term hereof as if the same were repeated herein; said agreement, as herein amended, to be subject to termination prior to the expiration of the term herein named in the same manner as is provided therein for termination prior to the ex- piration of the term thereof. Section 2 . Effective as of the date hereof, the print dated February 8 , 1974 , marked "Exhibit A," hereto attached, shall be and the same is hereby substituted for the print dated March 21 , 1967, marked "Exhibit A, " and attached to the above-named agreement, and from and after said effective date whenever in said agreement reference is made to said Exhibit A dated March ?1 , 1967, such reference shall be deemed to be made to said Exhibit A hereto attached, dated February 8 , 1974. Section 3. This agreement is supplemental to the above-named agreement, as heretofore extended, and nothing herein contained shall be construed as amending or modifying the same , except as herein specifically provided. IN WITNESS WHEREOF, the parties hereto have caused 1 this agreement to be executed in duplicate as of the 24th day of April 1974. Witness: UNION PACIFIC RAILROAD COMPANY, By Vice President i Witness: COUNTY OF WELD, State of Coloradop, By Chairman, Voard of Comnty A Attest: Commissioners 1/(Seal) ' ty Cle �/ Qtir,cC� ' ' "- • - 'Mb. WO.- • 560 1 i F.. ............‘L-,6,.........44.,..4.1..L..... ... .,..,.L',.�r.r........ • , . y I h- o •,-.' • -.ri It' ' .L g A n O - • II I 1 1..,� .k {S V tt �{' d C :ids +3 .7'4 � ▪ • ` i C U JJ1 -•. g :I% 1 .3 z \• E.( R. O ♦ `0 4-) r' r:. 14, ` p fa.:• w N TS © ri 1.4 Ca a ira O r1 Ci W • G +3 o c) t,.^ _ N t c wg o•-;(^ x 47".:.) c3 F, J X: • . M e., ' tP. r.' c^ '. lr • r. 7 t G • 0 '^ r �i ti () 1•� E • U r • . ct, C • p O t 1.. c. L, E4 V C- • • • _. _. - < F • ,--- — - _ • ellialligga.. l.'L • • • • ,. i II6 allillillin s a v • • _. . . allellallaS . • fie. o• l I ' I • I0 . . -r .__..._-•..... . _.J •-•••-4. or L,,.." qty.,-L-- Asir.1s.1 allealMildita.0, : M b � b iri • - • -1 S% ill 1 a p# a 1 t •I i . 1 1. .1.'‘• ^ '3 'Iy �. f- _ .. �. . , I'' i. 1 F'.,•• ;... . •Oc. . •I 1. • r 1 IS 1 • ' i 1111S ' -e ♦I .,• • it 1 _� l.... .mom= 1 , t r R v I • I 1 v 1 H i 1 I I I • •-a:. • wow- I 56Z, i r RESOLUTION WHEREAS, it has come to the attention of the Board of County Commissioners, Weld County, Colorado, that there is a need for a predatory animal and destructive rodent control program in Weld County, and WHEREAS, the Department of Agriculture, Division of Animal Industry, has made an offer to Weld County to conduct a joint animal damage and control program in Weld County and has submitted an agreement relative thereto, copy of which is marked Exhibit A and attached hereto for ready reference, and WHEREAS, the Board has determined that said agreement to participate in the aforementioned animal and rodent damage control program would greatly benefit the County, and that it would be in the best interest of the County to participate therein, and to make available the reasonable sum of Eight Thousand Dollars ($8, 000. 00) as the County's share of conducting such a program in Weld County in accordance with the aforementioned agreement. NOW, THEREFORE, BE IT RESOLVED, that the agreement with the Department of Agriculture, Division of Animal Industry, copy of which is attached hereto and made a part hereof, be approved. BE IT FURTHER RESOLVED, that the Board be and it hereby is authorized to execute the aforementioned agreement and to make the same effective forthwith. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th _ day of April, A. D. , 1974. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ;i‘e' ;1 C l.- ,.. ATTEST. __. , Weld County Clerk and Recorder and Clerk to the Board By eL Deputy County Cler,,( APPROVED AS TO FORM: -• _ • \ , (/ - County Attorney it +1 563 O Z.J2/no . fie- *Vet //71 FIELD AGREEMENT COLORADO DEPARTMENT OF AGRICULTURE Division of Animal Industry Cooperating with: WELD COUNTY In accordance with the laws of the State of Colorado relative to the control of predatory animals and destructive rodents, this field agreement is made to augment the animal damage control program in Weld County IT IS THEREFORE MUTUALLY AGREED THAT: 1. The animal damage control program conducted under the terms of this agreement shall be under direct supervision of the Colorado Department of Agriculture, and its local representative will consult frequently with the cooperator relative to the extent of Department participation, the determination of salaries and expenses of cooperative employees, and plans and procedures necessary to best serve the interests of the parties hereto. 2. The Board of County Commissioners of Weld County will provide $ 8,000,00 for the employment of personnel, purchase of necessary equipment and supplies, and other expenses incurred in connection with the program during the period Jan. 1, 1974 to Dec. 31, 1974 i 3. The Director of the Division of Animal Industry or his designated assistant will certify as to the correctness, all claims to be paid by any party to this agreement and shall perform such other administrative functions as are agreed upon from time to time; provided that no funds of the cooperator will be collected or disbursed by any employee working under the terms of this agreement, or trans- ferred to any such employee except in payment for salaries and expenses in accordance with the plans and procedures formulated and agreed to under Paragraph 1 above. 4. Proceeds from the sale of specimen skins or pelts of value shall be deposited in the Predatory Animal Fund of the Colorado Department of Agriculture. S. This agreement and any continuation thereof shall be contingent upon the availability of funds. It is understood and agreed that any monies allocated for the purposes of this agreement shall be expended in accordance with its terms and in the manner prescribed by fiscal regulations and/or administrative policies of the agency making funds available. 6. This agreement shall continue in force and effect until superseded or terminated. It may be amended by mutual agreement and may be terminated by either party upon thirty (30) days written notice. A mom.. 56 ■ Page 2 of 2 pages. IN WITNESS WHEREOF the duly authorized officers of the parties hereto have executed this agreement on the dates shown opposite their respective signatures. This contract shall not be deemed valid until it shall have been approved by the Governor and the Controller of the State of Colorado, or by a designated representative of the above. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. State of Colorado, acting by and through the Department of Agriculture Contracting Parties Governor, John D. Vanderhoof by: Commissioner of Department of Agriculture CORPORATE SEAL IF APPLICABLE * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * APPROVALS: Attorney General State Controller Payment from Account Number , Fund Number 1001-23-0000 Contract Encumbrance Number 4 .. 1 F, ]h:,i,t a:i s, irt..'�..`• +.4#. 4.1+.+.• i!zii_•. • • • 565 WELD COUNTY, COLORADO OFFICE OF THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY COURT HOUSE GREELEY, COLORADO STATE OF COLORADO ) ) ss. FINDINGS AND ORDER COUNTY OF WELD ) IN THE MATTER OF COMPLAINT IN RE: PREMIER CORPORATION c/o Philip Higbee 2 Bar 2 Ranch Roggen, Colorado 80652 After investigation and pursuant to Order and Notice heretofore issued and served on or before April 10, 1974, to show cause why the permit to operate a cattle feedlot operation on the following_ described property, to-wit: The Southeast Quarter (SED and the Northeast Quarter (NE-4) of Section One (1), Township One (1) North, Range Sixty-Three (63) West of the Sixth P. M. , Weld County, Colorado, containing 320 acres, more or less, should not be revoked, public hearing was duly scheduled for April 22, 1974 at 10:30 A. M. in the office of the Board of County Commissioners of Weld County, sitting as the Weld County Licensing Authority for such purposes pursuant to Section 3. 3(3)(c) of the Zoning Resolution of Weld County, and The Board, having heard the testimony and evidence adduced upon said hearing, and having heard the statements of the Weld County Attorney, and having considered the testimony and evidence filed with said Board, and having carefully weighed the same; the respondent not being present nor represented by counsel; now makes the following findings: That the above-named respondent did not comply with condition No, 2 of the Resolution of the Weld County Board of County Commissioners whereby permission was granted to it to operate a cattle feedlot operation by beginning construction of said feedlot operation within one year from date of the Resolution as specifically provided therein. NOW, THEREFORE, in consideration of the foregoing, and pursuant to authority of law, the Board of County Commissioners, Weld County , Colorado, as the Weld County Licensing Authority, pursuant to Section 3. 3(3)(c) of the Zoning Resolution of Weld County, Colorado, hereby finds the respondent, Premier Corporation, c/o Philip Higbee, 2 Bar 2 Ranch, Roggen, Colorado, in violation of the law as aforesaid. BE IT FURTHER RESOLVED, and it hereby is ordered that the permit granted to respondent to operate a cattle feedlot operation in accordance with the Resolution of the Board of County Commissioners dated 9/6/72, 566 be, and it hereby is revoked. Dated and signed this 24th day of April, A. D. , 1974. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO , � . , L . I. r 1 ATTEST e� K� Weld County Clerk & Recorder and Clerk to the Board_ 13y .t 1 (('(. Deputy County Clerk 7' A PPROV_ED AS TO FORM: ' l L ( r ) County Attorney 0 -2- I • 5F�+ r RESOLUTION WHEREAS, a public hearing was held on April 22, 1974, in the chambers of the Board of County Commissioners of Weld County, Colorado, for the purpose of hearing the petition of David E. Howard, Route 1, Box 328B, Brighton, Colorado, requesting approval of site for the construction of a crude oil pump station by the Continental Pipe Line Co. on the following described property, to-wit: A tract of land situate in the Southeast 4 of Section 28, Town- ship 1 North, Range 67 West of the 6th P. M. , Weld County, Colorado, which considering the East line of the said South- east + as bearing South and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the Southeast corner of said Section 28 and run thence along the South line of the said Southeast -1; N 89° 34' East 361. 50 feet to the East line of the said Southeast '; thence along said East line, South 361. 50 feet to the point of beginning containing 3. 000 acres more or less and being subject to a road right-of-way over the Easterly 30. 0 feet thereof for County Road No. 19 and being further subject to a road right-of-way over the Southerly 30. 0 feet thereof for County Road No. 4 and being further subject to all rights-of- way and easements that are now in place or are now of record, and WHEREAS, the petitioner was present and represented by Mr. Doug Chapman of Continental Pipe Line Co, and Thomas Richardson, counsel, and WHEREAS, there was no opposition to the request of petitioner for the location of said crude oil pump station, and WHEREAS, the said requested location for said crude oil pump station facility is located in an agricultural zone as set forth by the Weld County Zoning Resolution, and WHEREAS, according to Section 3. 3 (2) of the Zoning Resolution of Weld County, said location for said crude oil pump station facility may be authorized upon the approval of the Board of County Commissioners of Weld County, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present; has studied the request of the petitioner and studied the recommendations of the Weld County Planning Commission, and having been fully informed; NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, that the application of David E. Howard, Brighton, Colorado, for the Continental Pipe Line Co. to locate a crude oil pump station facility on the premises indicated above be, and it hereby is granted under the conditions following: 56S 1. That any water and sanitation facilities to be installed shall be approved by the State Health Department. 2. That petitioner shall proceed with due diligence to effect said construction of the crude on pump station facility and that it shall have up to one year from date hereof to begin the construction of same; otherwise, the Board may, for good cause shown, on its own motion revoke the permit herein granted. 3. That such crude oil pump station facility shall be limited to the items as shown on plan as submitted. 4. That all applicable subdivision regulations and zoning regulations shall be followed and complied with in accordance with the Zoning Resolutions of Weld County, Colorado. Dated this 24th day of April, A. D. , 1974. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO .) 2 z /� ATTEST: ,�� --�/ .� ' � y� Weld County Clerk & Recorder and Clerk to the Board HY ` ( c Deputy County Clerk V APPROVED AS TO F RM: r County Attorney t -2- _ i 569 i RESOLUTION WHEREAS, pursuant to law, the Board of County Commissioners, Weld County, Colorado, is vested with the responsibility of administer- ing the affairs of Weld County, Colorado, and WHEREAS, it has been determined by the Board that there is a need for a new County Services Building, and WHEREAS, the Board believes it to be in the best interest of the County to employ a qualified construction manager to represent the County in its dealings and negotiations with the negineering firm of Nelson, Raley, Patterson and Quirk, the architects and engineers em- ployed by the County to plan and design a new County Services Building consisting of approximately 135, 000 square feet of building area and approximately 49, 500 square feet of parking car area, and WHEREAS, Hensel Phelps Construction Company, Greeley, Co- lorado, has submitted an agreement providing for such services in con- nection with the supervision and construction of the aforementioned new County Services Building. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that said services contract providing for llensel Phelps Construction Company to represent the County in its dealings and negotiations with Nelson, Haley, Patterson and Quirk, the architect, engineer and planner, in the construction and erection of the new County Services Building, copy of which is attached hereto and made a part hereof by reference, be, and it here- by is approved. I3E IT FURTHER RESOLVED, that the Board be, and it hereby is authorized to execute the agreement as submitted and to make the same effective forthwith. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of April , A. D. , 1974 nunc pro tune as of February 11, 1974. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO , ( ( . L��/ igo / 1��- z�(� ' i ATTEST• ec- 14:2 ct_ Weld County Clerk & Recorder and Clerk to the Board By E Deputy County Clerk APPKOI ED AS TO 'ORM: 17://, .1 / County Attorney SONY. i 57f) 1� THE AMERICAN INSTITUTE OF ARCHITECTS •N�M4 I AIA Document BB01 • Standard Form of Agreement Between Owner and Construction Manager Recommended for use with the current editions of standard AIA agreement forms and documents. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made this Eleventh day of February in the year of Nineteen Hundred and Seventy Four BETWEEN the Owner: Board of County Commissioners Weld County, Colorado and the Construction Manager: Hensel Phelps Construction Co. 420 Sixth Avenue, Greeley, Colorado For services in connection with the following described Project: (Include detailed de cription of Project location and scope) Weld County Services Building to be designed by CNC/NHPQ, Inc, , Architects, Engineers, Planners, generally to consist of about 135, 000 square feet (building area) and 49, 500 square feet (parking), The Architect for the Project is: CNC/NHPQ, Inc. The Owner and the Construction Manager agree as set forth below. AIA DOCUMENT 8801 • OWNER-CONSTRUCTION MANAGER AGREEMENT • DECEMBER 1975 EDITION • AIAF C/ 1973 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 1 • •r... • 571 . + I. THE CONSTRUCTION MANAGER, as agent of the Owner, shall provide services in accordance with the Terms and Conditions of this Agreement. The Construction Manager accepts the relationship of trust and confidence established between him and the Owner by this Agreement. He covenants with the Owner to furnish his best skill and judgment and to cooperate with the Architect in furthering the interests of the Owner. He agrees to furnish efficient business administration and superintendence and to use his best efforts at all times in the best way and in the most expeditious and economical manner consistent with the in- terestS of the Owner. It. THE OWNER shall compensate the Construction Manager in accordance with the Terms and Con- ditions of this Agreement. A. FOR BASIC SERVICES, as described in Paragraph 1.1, compensation shall be computed as fol- lows: (select one) • a. A Professional Fee of dollars ($ ), PLUS b. An amount computed as follows: Principals' time at the fixed rate of dol rs ($ ) per hour. For the purposes of this Agreement, the Principals are: • Employees' time (other than Princi s) at the following multiples of the employees' Direct Personnel Expense as defined in rticle 4. For those assigned to t Project in the office, a multiple of ( ). • For those assign d to the Project at the construction site,a multiple of ( ). c. Services of rofessional consultants at a multiple of ( ) times the am nt billed to the Construction Manager for such services. AIA DOCUMENT 8801 • OWNER-CONSTRUCTION MANAGER AGREEMENT • DECEMBER 1973 EDITION • AIA� <<� 1973 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D C. 20006 2 • • 572 • OR 2. O., tk, L.,.,:,of MULTtIli Of DIRECT PERSO EEL EXPIt4a. a. Principals' time at the fixed rate of dollars (5 ) per h For the purposes of this Agreement, the Principals are: b. Employees' time (other than Principals) at the followin ultiples of the employees' Direct Personnel Expense as defined in Article 4. For those assigned to the Project in th ice,a multiple of For those assigned to the P ect at the construction site, a multiple of ). c. Services of professio consultants at a multiple of ( 1 times the amou illed to the Construction Manager for such services. OR 3. On the .is of a FIXED FEE of dollars (5 ). OR 4. On the basis of a PERCENTAGE OF CONSTRUCTION COST, as defined in Article 3,of percent ( 6 %). D. AN INITIAL R,H'h4[#T ei dull,. (, ). t„ „f to 4._ Owner's ice'runt. C. FOR ADDITIONAL SERV/CES, as described in Paragraph 1.2, compensation shall be computed as follows: Any additional services shall be compensated at the construction manager's actual costs plus 10% overhead and 5% profit or upon such other 1. f r:neipel;time nl tke fitted rate of for the purpows of this Agreement, the Principals aro: terms as may be agreed upon from time to time. I). FOR REIMBURSABLE EXPENSES, amounts expended as defined in Article 5. 111. THE PARTIES agree in accordance with the Terms and Conditions of this Agreement that: A. IF THE SCOPE of the Project is changed materially, compensation for Basic Services shall be sub- ject to renegotiation. i :� r i::i�,tl`'�4•iT, en+ae�ed tr�lhi iihin ) t(,,. elut, he,,ef, th, en.eertt. , c B. If the services of the construction manager for the "Design Phase" of the scope of work have not been completed within twelve (12) months of the date hereof, the amount of compensation set forth in Paragraph II shall be subject to renegotiation. • If the services of the construction manager for the "Construction Phase" of the scope of work have not been completed within thirty six (36) months from the date hereof, the amount of compensation set forth in Paragrar II shall be subject to renegotiation. r • II • . ., / • • 573 fire or other cause during construction, and furnishing ARTICLE 3 services for the replacement of such Work. CONSTRUCTION COST 1.2.6 Services made necessary by the default of a Con- tractor. 3.1 If the Construction Cost is to be used as the basis for determining the Construction Manager's compensa- 1.2.7 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration pro- tion for Basic Services, it shall be the cost of all Work, seeding, or legal proceeding, including work items in the Conditions of the Contract and the Specifications and shall be determined as follows: 1.2.8 Finding housing for construction labor, and defin- 3.1.1 For completed construction, the total construction ing requirements for establishment and maintenance of cost of all such Work; base camps. 3.1.2 For Work not constructed, (1) the sum of the 1.2.9 Obtaining or training maintenance personnel or lowest bona fide bids received from qualified bidders negotiating maintenance service contracts. for any or all of such Work or (2) if the Work is not 1.2.10 Services related to Work items required by the bid, the sum of the bona fide negotiated proposals sub- Conditions of the Contract and the Specifications which mitted for any or all of such Work; or are not provided by Contractors. 3.1.3 For Work for which no such bids or proposals 1.2.11 Inspections of and services related to the Project are received, the Construction Cost contained in the after completion of the services under this Agreement. Construction Manager's latest Project construction budget approved by the Owner. 1.2.12 Providing any other service not otherwise in- cluded in this Agreement. 3.2 Construction Cost shall not include the compensa- tion of the Construction Manager (except for costs of Work items in the Conditions of the Contract and in the Specifications), the Architect and consultants, the cost of the land, rights-of-way, or other costs which are the responsibility of the Owner as provided in Paragraphs 2.3 ARTICLE 2 through 2.5 inclusive. 3.3 The cost of labor, materials and equipment furnished by the Owner shall be included in the Construction Cost THE OWNER'S RESPONSIBILITIES at current market rates, including a reasonable allowance for overhead and profit. 2.1 The Owner shill; provide full information regarding his requirements for the Project. 3.4 Cost estimates prepared by the Construction Man- ager represent his best judgment as a professional familiar 2.2 The Owner shall designate a representative who shall with the construction industry. It is recognized, however, be fully acquainted with the scope of the Work, and has that neither the Construction Manager nor the Owner has authority to render decisions promptly and furnish in- any control over the cost of labor, materials or equipment, formation expeditiously. over Contractors' methods of determining bid prices, or 2.3 The Owner shall retain an Architect for design and other competitive bidding or market conditions. to prepare construction documents for the Project. The 3.5 No fixed limit of Construction Cost shall be deemed Architect's services, duties and responsibilities are de- to have been established unless it is in writing; and signed scribed in the Agreement between the Owner and the by the parties hereto. When a fixed limit of Construction Architect, pertinent parts of which will be furnished to Cost is established in writing as a condition of this r\gree the Construction Manager and will not be modified ment, the Construction tvlanager shall advise what ma- without written notification to him. terials, equipment, component systems and types of con- 2.4 The Owner shall furnish such legal, accounting.and struction should he included in the Contract Documents, insurance counselling services as may be necessary for and shall suggest reasonable adjustments in the scope of the Project, and such auditing services as he may require the Project to bring it within the fixed limit. to ascertain how or for what purposes the Contractors 3.5.1. If responsive bids are not received as scheduled. have used the moneys paid to them under the Construc- any fixed limit of Construction Cost established as a Lion Contracts. condition of this Agreement shall be adjusted to retie(t 2.5 The Owner shall furnish the Construction Manager any change in file general level of prices occurring be tween the originally scheduled date and the date on with a sufficient quantity of construction documents. which bids are received. 2.6 If the Owner becomes aware of any fault or defect 3.5.2 When the fixed limit of Construction Cost is ex- in the Project or nonconformance with the Contract seeded, the Owner shall Ili give written apprcAal of an Documents, he shall give prompt written notice thereof increase in such fixed limit, (2) authorize rebidding sxrth- to the Construction Manager. in a reasonable time, or 13) cooperate in revising the scope 2.7 The services, information, surveys and reports re- and quality of the Work as required to reduce the Con- quired by Paragraphs 2.3 through 2.5 inclusive shall be struction Cost. In the case of (31 the Construction Manager, furnished at the Owner's expense, and the Construction without additional compensation, shall cooperate with ;Manager shall he entitled to rely upon the accuracy and the Architect as necessary to bring the Construction completeness thereof. Cost within the fixed limit. AIA DOCUMENT 8001 • OWNER-CONSTRUCTION MANAGER AGREEMENT • DECEMBER 1971 EDITION • AIM" CO 1973 • THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVE., N. V., WASHINGTON, D. C. '_0006 7 .Ma, • 5'74 ... • ARTICLE 4 6.1.3 Payments for Reimbursable Expenses shall be made upon presentation of the Construction Manager's state- ment. DIRECT PERSONNEL EXPENSE 6.2 No deductions shall be made from the ,Construc- Direct Personnel Expense is defined as the salaries of pro- lion Manager's compensation on account of fessional, technical and clerical employees engaged on liquidated damages, or other sums withheld from �- the Project by the Construction Manager, and the cost ments to Contractors. of their mandatory and customary benefits such as statu- tory employee benefits, insurance, sick leave, holidays, 6.3 If the Project is suspended for more than three vacations, pensions and similar benefits. months or abandoned in whole or in part, the Con- struction Manager shall be paid his compensation for services performed prior to receipt of written notice t-om ARTICLE 5 the Owner of such suspension or abandonment, together with Reimbursable Expenses then due, and all termination expenses as defined in Paragraph 7.2 resulting from ,uch REIMBURSABLE EXPENSES suspension or abandonment. If the Project is, resumed after being suspended for more than three months the 5.1 Reimbursable Expenses are in addition to the com- Construction Manager's compensation shall he subject to pensation for Basic and Additional Services and include renegotiation. actual expenditures made by the Construction Manager, his employees, or his professional consultants in the 6.4 If construction of the Project has started and is interest of the Project: delayed by reason of strikes, or other circumstance not 5.1.1 Long distance calls and telegrams, and fees paid due to the fault of the Construction Manager, the U�',ner shall reimburse the Construction Manager tor the cots for securing approval of authorities having jurisdiction over the Project. of his Project-site staff as provided for by this Arreerre.nt. The Construction Manager shall reduce the sire of its 5.1.2 Handling, shipping, mailing and reproduction of Project-site staff after a 611-day delay, or sooner if fe:• : 'e Project related materials. for the remainder of the delay period as directed h, t",e Owner and, during the period, the Owner shall reiml. •,e 5.1.3 Transportation and living when traveling in con- the Construction Manager for the direct personnel ex- nection with the Project, relocation costs, and overtime pense of such staff plus any relocation costs. Upon the work requiring higher than regular rates if authorized in termination of the delay, the Construction Manager shall ad.„-„cc by t',e Ovvrrr• restore his Project-site staff to its former size, suitjeci 5.1.4 Electronic data processing service and rental of the approval of the Owner, electronic data processing equipment when used in con- 6.5 If the Project time schedule established in Suhpara- nection with Additional Services. graph 1.1.2 is exceeded by more than thirty days through • 5.1.5 Premiums for insurance required in Article 10. no fault of the Construction (Manager, compensation for Basic Services performed by Principals employees and 5.1.6 Providing construction support activities such as professional consultants required beyond the thirtieth day Work items included in the Conditions of the Contract to complete the services under this Agreement shall he as and in the Specifications unless they arc provided by the set forth in Paragraph IIC. Contractors. 5. 1. 7 All direct personnel expenses and 6.6 Payments due the Construction .Manager „hie h ore unpaid for more than 60 days from date of billing s•-.a other costs incurred by the construction bear interest at the legal rate of interest applicable at the manager at the ARTICLE 6 construction site construction site. during the constr>uuau,l phase. PAYMENTS TO THE CONSTRUCTION MANAGER ARTICLE 7 6.1 Payments shall be made monthly upon presentation of the Construction Manager's :statement of services as TERMINATION OF AGREEMENT follows: 6.1.1 An initial payment as set forth in Paragraph IIB is 7.1 This Agreement may be terminated by either party upon seven days' written notice should the other part% the minimum payment under this Agreement. fail substantially to perform in accordance• v.ith its teems 6.1.2 When compensation is computed as described in through no fault of the party initiating terminaho^. 'n Paragraphs IIAIa, IIA3, or IIA4, subsequent payments the event of termination clue to the fault or others Han for Basic- Services shall he made in proportion to services the Construction Manager, the Construe tion performed. The compensation at the completion of each shall be paid his compensation plus Reimbursable Ex• Phase shall equal the following percentages of the total penses for services performed to termination date and a;l compensation for Basic Services: termination expenses. Design Phase 20°„ 7.2 Termination expenses are defined as Reimhur,atile Construction Phase 100°o Expenses directly attributable to termination, plus an AIA DOCUMENT 0801 • OWNER-CONSTRUCTION MANAGES; AGREEMENT • DECEMBER 1973 EDITION • 4+ 8 (11973 • 111E AMERICAN INSTITUTE Of ARCHITECTS, 17.6 NEW FORK AVE., N.W., WASHINGTON, D. C. _ Ok, • z _ I , 575 t TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER ARTICLE 1 1.1.5 Labor: Provide an analysis of the types and quantity of labor required for the Project and review the avail- • ability of appropriate categories of labor required for CONSTRUCTION MANAGER'S SERVICES critical phases. . 1.1.5.1 Determine applicable requirements for equal 1.1 BASIC SERVICES employment opportunity programs for inclusion in the The Construction Manager's Basic Services consist proposed Contract Documents. of the two phases described below and any other 1.1.6 Bidding: Prepare pre-qualification criteria for bid- services included in Article 13 as Basic Services. ders and develop Contractor interest in the Project. Estab- DESIGN PHASE lish bidding schedules and conduct pre-bid conferences to familiarize bidders with the bidding documents and 1.1.1 Consultation During Project Development: Review management techniques and with any special systems, conceptual designs during development. Advise on site materials or methods. use and improvements, selection of materials, building 1.1.6.1 Receive bids, prepare bid analyses and make systems and equipment. Provide recommendations on relative construction feasibility, availability of materials recommendations to the Owner for award of contracts or and labor, time requirements for installation and construe- rejection of bids. tion, and factors related to cost including costs of alterna- 1.1.7 Contract Awards: Conduct pre-award conferences tive designs or materials, preliminary budgets, and pos- with successful bidders. Assist the Owner in preparing sible economies. Construction Contracts and advise the Owner on the 1.1.2 Scheduling: Provide and periodically update a acceptability of Subcontractors and material suppliers Project time schedule that coordinates and integrates the proposed by Contractors. Architect's services with construction schedules. CONSTRUCTION PHASE 1.1.3 Project Budget: Prepare a Project budget for the The Construction Phase will commence with the Owner.> approval as soon as major Projpr•t requirements award of the fir..! Co^.slctictinn Contract or purchase have been identified and update periodically. Prepare an order and will terminate 30 days after the final estimate of construction cost based on a quantity survey Certificate for Payment is issued by the Architect. of Drawings and Specifications at the end of the Schematic Design Phase for approval by the Owner. Update and re- 1.1.8 Project Control: Coordinate the Work of the Con- fine this estimate for Owner's approval as the develop- tractors with the activities and responsibilities of the ment of the Drawings and Specifications proceeds, and Owner and Architect to complete the Project in accord- advise the Owner and the Architect if it appears that the ante with the Owner's objectives on cost, time and Project budget will not he met and make recommends- quality. Provide sufficient personnel at the Project site lions for corrective action, with authority to achieve.these objectives. 1.1.4 Coordination of Contract Documents: Review the 1.1.8.1 Schedule and conduct pre-construction and prog- Drawings and Specifications as they are being prepared. ress meetings at which Contractors, Owner, Architect and recommending alternative solutions whenever design de- Construction Manager can discuss jointly such matters as tails affect construction feasibility or schedules. procedures, progress, problems and scheduling. 1.1.4.1 Verify that the requirements and assignment of 1.1.8.2 Provide a detailed schedule for the 6perations of responsibilities for safety precautions and programs, tem- Contractors on the Project, including realistic activity porary Project facilities and for equipment. materials and sequences and durations, allocation of labor and materi- services for common use of Contractors are included in als, processing of shop drawings and samples, and de- the proposed Contract Documents. livery of products requiting long lead time procurement; 1.1.4.2 Advise on the method to be used for selecting include the Owner's occupancy requirements showing Contractors and awarding contracts. If separate contracts portions of the Project having occupancy priority. are to he awarded, review the Drawings and Specifications 1.1.8.3 Provide regular monitoring of the schedule as to (11 ascertain if areas of jurisdiction'overlap, (2) verify construction progresses. Identify potential variances be- that all Work has been included,and (3) allow for phased tween scheduled and probable completion dates. Review construction. schedule for Work not started or incomplete and recom • - ;,( 1.1.4.3 Investigate and recommend a schedule for pur- mend to the Owner and Contractor adjustments in the chase by the Owner of all materials and equipment re- schedule to meet the probable completion date. Provide quiring long lead time procurement, and coordinate the summary reports of each monitoring, and document all schedule with the early preparation of Contract Docu- changes in schedule. . ments by the Architect. Expedite and coordinate delivery 1.1.8.4 Recommend courses of action to the Owner of these purchases. when requirements of a contract are not being fulfilled. AIA DOCUMENT 8801 • OWNER-CONSTRUCTION MANAGER AGREEMENT • DECEMBER 1973 EDITION • AIAa) U 1971 • HIE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20004 5 1 • • Qww- 576 ifr 1.1.9 Cost Control: Revise and refine the approved esti- for expediting the processing and approval of shop draw- mate of construction cost, incorporate approved changes ings and samples. as they occur, and develop cash flow reports and fore- casts as needed. 1.1.15 Reports and Records: Record the progress of the Project. Submit written progress reports to the Owner 1.1.9.1 Provide regular monitoring of the approved esti- and the Architect including information on the Contrac- mate of construction cost, showing actual costs for ac- tors and Work, the percentage of completion and the tivities in process and estimates for uncompleted tasks. number and amounts of Change Orders. Keep a daily Identify variances between actual and budgeted or esti- log available to the Owner and the Architect. mated costs, and advise the Owner and Architect when- 1.1,15,1 Maintain at the Project site, on a current basis: ever projected costs exceed budgets or estimates. records of all Contracts; shop drawings; samples; pur- 1.1.9.2 Arrange for the maintenance of cost accounting chases; materials; equipment; applicable handbooks; records on authorized Work performed under unit costs, federal, commercial and technical standards and speci- actual costs for labor and materials, or other bases re- fications; maintenance and operating manuals and instruc- quiring accounting records. tions; and any other related documents and revisions which arise out of the Contract or the Work. Obtain data 1.1.9.3 Develop and implement a system for review and processing of Change Orders. from Contractors and maintain a current set of record • drawings, specifications and operating manuals. At the • 1.1.9.4 Recommend necessary or desirable changes.to completion of the Project, deliver all such records to the the Owner and the Architect, review requests for changes, Owner. submit recommendations to the Owner and the Architect, 1,1,16 Owner-Purchased Items: Accept delivery and and assist in negotiating Change Orders. arrange storage, g g protection and security for all ,Owner- 1.1.9.5 Develop and implement a procedure for the re- purchased materials, systems and equipment which are a view and processing of applications by Contractors for part of the Work until such items are turned over to the progress and final payments. Make recommendations to Contractors. the Architect for certification to the Owner for payment. 1,1.17 Substantial Completion: Upon the Contractors' 1.1.10 Permits and Fees: Assist in obtaining all building determination of Substantial Completion of the Work or permits and special permits for permanent improvements, designated portions thereof, prepare for the Architect a excluding permits for inspection or temporary facilities list of incomplete or unsatisfactory items and a schedule required to be obtained directly by the various Contrac- for their completion. After the Architect certifies the Date tors. Verify that the Owner has paid all applicable fees of Substantial Completion, supervise the correction and and assessments for permanent facilities. Assist in obtain- completion of Work. ins approvals from all the authorities having jurisdiction. 1.1.18 Start-Up: With the Owner's maintpnanr e 1.1.11 Owner's Consultants: If required,assist the Owner sonnel, direct the checkout of utilities, operational sys- in selecting and retaining professional services of a sur- tems and equipment for readiness and assist in their veyor, special consultants and testing laboratories. Co- initial start-up and testing. ordinate these services. 1.1.19 Final Completion: Determine final completion 1.1.12 Inspection: Inspect the work of Contractors to and provide written notice to the Owner and Architect that the Work is ready for final inspection. Secure and assure that the Work is being performed in accordance transmit to the Architect required guarantees, atlidaits. with the requirements of the Contract Documents. En- releases, bonds and waivers. Turn over to the Ov<ner all deavor to guard the Owner against defects and deficien- cies in the Work. Require any Contractor to stop Work keys, manuals, record drawings and maintenance stock≤. , or any portion thereof, and require special inspection or testing of any Work not in accordance with the provisions of the Contract Documents whether or not such Work ADDITIONAL SERVICES be then fabricated, installed or completed. Reject Work which does not conform to the requirements of the Con The following Additional Services shall he per tract Documents. formed upon authorization in writing from the Owner and shall be paid for as hereinbefore 1.1.12.1 The Construction Manager shall not be respon- provided. sible for construction means, methods, techniques, se 1.2.1 Services related to investigation, appraisals or quences and procedures employed by Contractors in valuations of existing conditions, facilities or equipnion;. performance of their contract, and he shall not be respon- or verifying the accuracy of existing drawings or other Bible for the failure of any Contractors to carry out the Owner-furnished information. Work in accordance with the Contract Documents. 1.2.2 Services related to Owner-furnished equipment. 1.1.13 Contract Performance: Consult with the Archi- furniture and furnishings which are not a part of tr,e tect and the Owner if any Contractor requests inter- Work pretations of the meaning and intent of the Drawings and Specifications, and assist in the resolution of any 1.2.3 Services for tenant or rental spaces. questions which may arise. 1.2.4 Services related to construction performed by the 1.1.14 Shop Drawings and Samples: In collaboration Owner. with the Architect, establish and implement procedures 1.2.5 Consultation on replacement of Work dammed by 6 AIA DOCUMENT 8801 • OWNER-CONSTRUCTION MANAGER AGREEMENT • DECEMBER 19'1 EDITION • AIA' © 1973 • THE AMERICAN INSTITUTE Of AKCHITECTS, 1735 NEW YORK AVE., N.W,, WASHINGTON, D. C. 2000t) • CA. - t amount computed as a percentage of the total compen- such claim, dispute or other matter in question wou!d sation earned to the time of termination, as follows: be barred by the applicable statute of limitations. 20 percent if termination occurs during the Design 9:3 The award rendered by the arbitrators shall be final, Phase; or and judgment may be entered upon it in accordance with 10 percent if termination occurs during the Construe- applicable law in any court having jurisdiction thereof, tion Phase. ARTICLE 10 ARTICLE•8 • INSURANCE SUCCESSORS AND ASSIGNS The Construction Manager shall purchase and maintain The Owner and the Construction Manager each binds insurance to protect himself from claims under workmen's himself, his partners, successors, assigns and legal rep compensation acts; claims for damages because of bodily resentatiyes to the other party to this Agreement and injury including personal injury, sickness or disease, or to the partners, successors, assigns and legal representa- tives of such other party with respect to all covenants than his employees; and from claims for damages be of this Agreement. Neither the Owner nor the Con- cause of injury to or destruction of tangible property in- eluding loss of use resulting therefrom; and from claims struction Manager shall assign, sublet or transfer his interest in this Agreement without the written consent of arising out of the performance of professional cervices caused by any errors, omissions or negligent acts for the other, which he is legally liable. ARTICLE 9 ARTICLE 11 ARBITRATION EXTENT OF AGREEMENT 9.1 All claims, disputes and other matters in question 11.1 This Agreement represents the entire and integrated between the parties to this Agreement, arising out of, or agreement between the Owner and the Construction relating to this Agreement or the breach thereof, shall be .tanager and supersedes 211 prior negoti:?rinn�, ropre,.nntl- decided1 by arbitration in ic[orr�lnre with the Construe- , , al This ,A fee- "r llOns lJf abreen-�ents, either 1'iiidCil Cf 'J' •ri... tion Industry Arbitration Rules of the American Arbitra- ment shall not be superseded by provisions of contracts tion Association then obtaining unless the parties mutually for construction and may be amended only by written agree otherwise. No arbitration, arising out of, or relating instrument signed by both Owner and Construction to this Agreement, shall include, by consolidation,joinder Manager. or in any other manner, any additional party not a party to this Agreement except by written consent containing a 11.2 Nothing contained herein shall he deemed to specific reference to this Agreement and signed by all the create any contractual relationship between the Construc- parties hereto. Anyconsent to arbitration involving anLion Manager and the Architect or any of the Contractors, additional party or parties shall not constitute consent to Subcontractors or material suppliers on the Project; nor arbitration of any dispute not described therein or with shall anything contained herein be deemed to glee any any party not named or described therein. This Agreement third party any claim or right of action against the Owner to arbitrate and any agreement to arbitrate with an addi- or the Construction .Manager which does not otherwise tional party or parties duly consented to by the parties exist without regard to this Agreement. hereto shall be specifically enforceable under the pre- vailing arbitration law. 9.2 Notice of the demand for arbitration shall be filed ARTICLE 12 in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall GOVERNING LAW be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall Unless otherwise specified, this Agreement shall be the demand for arbitration be made after the date when governed by the law in effect at the location of the institution of legal or equitable proceedings based on Project. AIA DOCUMENT 8801 • OWNFR-CONSTRUCTION .MANAGER AGREEMENT • DECEMBER 1973 EDITION • AIAQ U 1973 • 1HE AMERICAN, INSTITUTE OF .ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 9 44.11.. _ • iI 5`� I 17 .1. l _. ..... ,.....,.-..-.arL...Y.Y..sd...W..v_..�-u,+..i"Wr,...r...-:... .,,..�. �,.a��_ . �N7:.v:-,.'......v✓.v..a.. •uL�e.v.L—:.i. ARTICLE 13 OTHER CONDITIONS OR SERVICES In addition to the services the Construction Manager is herein to provide as the Construction Manager, it may competitively bid certain portions of the work in the "construction phase" to be performed by a contractor. In the event the Owner shall sell, assign or otherwise transfer the product of the construction manager, which results from service performed during the "design phase", and/or if the Owner shall sell, assign or otherwise transfer the product of the project architect, the construction manager shall have the right to specifically enforce the terms of this agreement against any such purchaser, assignee or transferee. This Agreement executed the day and year first written above. BOARD OF COUNTY COMMISSIONERS HENSEL PHELPS CONSIRUC IION CO. OWNER CII NISTRUCTION MANAGER • /1-7, . t/ 4.1 Robert,G• Tointon, Executive Vice President at /i "-ea v 4ep / ri /.7 r<-4-4-7 Sec retary AIA DOCUMENT 8801 • OWNER-CONSTRUCTION MANAGER AGREEMENT • DECEMBER 197.3 EDITION • AIMO 10 © 1973 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 - _ - - - - -- 4.� s579 7 RESOLUTION RE: CREATING PUBLIC WORKS FUND TO BE KNOWN AS THE WELD COUNTY SERVICES BUILDING AND FOR THE PUR- POSE OF PROVIDING AND ACCUMULATING FUNDS FOR THE CONSTRUCTION AND EQUIPPING OF SAME. WHEREAS, the Board of County Commissioners, Weld County, Colorado, has been served with an Order from the Weld County Dis- trict Court, Greeley, Colorado, signed by the Honorable Donald A. Carpenter, Chief Judge of the Nineteenth Judicial District, Greeley, Colorado; said Order, in effect, making demand upon the Board to provide adequate additional courtroom space on or before September 1, 1974, including total space requirements attached thereto, pur- suant to law specifically providing therefor, and WHEREAS, the Board prior to receipt of said Order, has made every effort to comply with the Court's request, but as yet, cannot find any suitable space to house the additional courtroom facilities requested, and WHEREAS, the Board, having considered the feasibility of rent- ing courtroom space elsewhere, has determined that such would not be practicable or desirable and not in the best interest of the public, and WHEREAS, the Board realizes that to comply with said Court Order and to provide adequate courtrooms and related facilities, it must remove its own offices and those of the County Clerk and Re- corder from the second floor of the Weld County Courthouse Building or lease the necessary space elsewhere as requested and ordered by the Court, and WHEREAS, the Board, after much study and deliberation, has determined that to comply with the Order of Court to provide the nec- essary space for present and future courtroom facilities, and still to provide all the other necessary services to Weld County, it will be necessary to construct a new County Services Building, and that the construction of such a facility is necessary and that it would be in the best interests of the inhabitants of Weld County, and WHEREAS, heretofore by resolution the Board did enter into a contract with the engineering firm of Nelson, Haley, Patterson and Quirk to design and plan such a new Weld County Services Building, and by resolution heretofore the Board did enter into a contract with Hensel Phelps Construction Company whereby said Company agreed to assist the County in providing supervision and other services in connection with the construction of said new County Services Building, now being planned and designed by the architect, Nelson, Haley, Pat- terson and Quirk. NOW, THEREFORE, BE IT RESOLVED, by the Board, that for the purpose of providing and accumulating funds for the con struction and equipping of such new County Services Building providing space for the various County offices and personnel thereof, a public works fund which shall be known as the Public Works Fund - County - - 1.[1� 1.- . 80 Services Building is hereby created and an annual tax levy is hereby created and an annual tax levy of three mills be made and levied on each dollar of real property value in Weld County; that the Building to be constructed shall be located on land owned by the County and adjacent to the present Weld County Courthouse Building, and shall be used in connection with County business and as an adjunct to the Courts, estimated to require an annual tax levy of three mills as hereinabove stated, which levy shall be made for the years 1974, 1975, 1976, 1977, 1978 and 1979 only. PROVIDED, HOWEVER, that said levy shall not be effective until after a public hearing on the said proposal for such proposed levy; that said hearing is hereby called and set for May 17 , 1974, at the office of the Board of County Commissioners in the Weld County Courthouse Building, Greeley, Colorado, BE IT FURTHER RESOLVED, that public notice of such hear- ing shall be given by publication of a notice thereof, same for said time and place in the official newspaper of said County, to-wit: The Greeley Journal, a public newspaper, not less than ten (10) days be- fore such hearing. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of April , A. D. , 1974. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Inc c , ,L - � l J e-/Z1L A . $0./t-tc u 742, ATTEST: ff<- ,r1 Z/ Weld County Clerk and Recorder and Clerk to the Board Deputy Count Clerk a AbIROVED AS TO FORM; - - 1 County Attor ey -2- s -- 1 5S.1 I 'zi ! RESOLUTION WHEREAS, heretofore and on May 31 , 1973, by resolution, the Board of County Commissioners of Weld County, Colorado, did authorize the Board to enter into an agreement with the engineering firm of Nelson, Haley, Patterson and Quirk providing for submission of complete architectual and engineering studies and plans for the erection of a new Weld County Services Building on land owned by the County and adjacent to the Weld CountyCourthouse Building, Greeley, Colorado; and WHEREAS, the Board believes it to be in the best interest of the County to seek bids for the Board's approval relative to the con- struction of the aforesaid building in accordance with submitted speci- fications that meet and comply with Federal, State and City of Greeley, Colorado, building code requirements. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that Mr. Barton Buss, Chief Accounting Officer and Purchasing Agent for Weld County, ad- vertise for bids to erect said aforesaid building in accordance with construction criteria, all as shown on exhibits attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED, that all bids shall specify that construction shall be in accordance with specifications as submitted. BE IT STILL FURTHER RESOLVED, that the Board be, and it hereby is authorized to execute an agreement with the successful bidder for the construction of the aforesaid building upon the land hereinabove mentioned, and that the Board be authorized to pay therefore from Federal sharing revenue funds and from funds accumulated by mill levy as a result of the creation of a public works fund known as the Weld County Services Building Fund. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of April , A. D. , 1974. BOARD OF C'Oi?NTY COMMISSIONERS WELD COUNTY, COLORADO - , Avl ( � 4 l t.f c[ ,,, i 4// .!z et � �G'-&-c-rpU ATTEST- Weld County Clerk and Recorder and,Clerk to the Board I � i y::�4Gn At a/..C., _Zc Deputy Cou ty lerk --) i PPROVED AS TO FORM: ' - - 1*.X ( � Country Attorney ....:. • 582 . FINDINGS AND RESOLUTION CONCERNING CLUB LIQUOR LICENSE APPLICATION OF DENVER METROPOLITAN TRAP AND SKEET CLUB The application of the Denver Metropolitan Trap and Skeet Club of Baseline Road, three miles east of Lafayette, Colorado, on Highway No. 7, and located upon a tract of land in the Southeast Quarter of Section 32, Township 1 North, Range 68 West of the Sixth P. M. , Weld County, Colorado, for club liquor license for sale of beer, wine and spirituous liquors by the drink only came on for hearing April 22, 1974, and the Board of County Commissioner's of the County of Weld having heard the testimony and evidence adduced upon said hearing and having considered the testimony, evidence and petitions filed with said Board, and having carefully weighed the same now makes the following findings: 1. The evidence discloses that the applicant is the owner and occupant of said premises sought to be licensed within the meaning; of the Statutes. 2. That no question was raised nor objection offered as to the applicant concerning the standing, character or motives of said applicant. 3. The applicant has proven a prima facie case as to the reasonable requirements of the neighborhood. 4. The desires and needs of the inhabitants of the immediate neighborhood, as well as the needs of the traveling public are not ful- filled inasmuch as there presently is no such club liquor outlet in the area designated as the neighborhood. RESOLUTION WHEREAS, the Board of County Commissioners of the County of Weld has heard the application of the Denver Metropolitan Trap and Skeet Club, for a club license to sell beer, wine and spirituous liquors � ,;1 r 1_..�. ; i 10 ,, ,..4,,,-4,. ,;,..4,,,,,k,„ 4,0,4*k Hi�}J :1IR''6„t4.0.:YC7F:14.1'!N',...M'.41.Ni41N.t'41+7W1,SL.-s.r'F'.. 'r,i', .• `.'7:. . 1 i , �. ! 5 l 4 I V by the drink only on the premises at a location on Baseline Road, approximately three miles east of Lafayette, Colorado, in Weld County, Colorado, and definitely located on a parcel of land herein- above recited, and WHEREAS, the said Board has made its findings upon the evidence, testimony and petitions submitted to it, which findings precede this Resolution and by reference are incorporated herein and made a part hereof, and WHEREAS, the said Board has carefully considered the application, evidence, testimony and petitions and has given the same such weight as it in its discretion deemed proper, and is now fully advised in the premises; NOW, THEREFORE, BE IT RESOLVED, that the application II of the Denver Metropolitan Trap and Skeet Club, a Colorado Cor- poration, for a license to sell beer, wine and spirituous liquors by the drink only on the premises indicated above, be, and it hereby is granted and that the license applied for shall be granted to said applicant for said premises. Made and entered this 24th day of April, A. D. , 1974. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ,) . /)./(-C (ti i. . ' t G. ' 't -t_Li) /CA-it'ae,f6-2--' ATTEST` `/'Z' ,� , --? 71C;Y---4; --i--1-%'—f - Weld County Clerk and Recorder and Clerk to the Board By (re r' c, 2 t : ( 1.,I((.ti Deputy'County Cl rk) r APPROVED AS TO FOAM: County Attorney , ' There being no further business for the day, a recess was II ordered taken to a future date, subject to call of the Chairman. /� � e1�L �t '..�G r< <t CHAIRMAN *t.r, �K COUNTY CLERK �_ ,BY: Deputy County Clerk _ 584 GREELEY, COLORADO, TUESDAY, APRIL 30, 1974 A regular meeting was held by the Board of County Commissioners of Weld County, Colorado, at 10: 00 o'clock A.M. , with the following present: HARRY S. ASHLEY COMMISSIONER GLENN K. BILLINGS COMMISSIONER ROY MOSER COMMISSIONER S. LEE SHEHEE, JR. COUNTY CLERK SAMUEL S. TELEP COUNTY ATTORNEY The minutes of the 24th instant were read, and there being no correction or objections thereto, same were ordered approved. The following resolutions were presented: IN THE MATTER OF AUDIT AND CLAIMS FOR THE MONTH OF APRIL, 1974 The following claims were presented, examined and on motion same were allowed and warrants ordered drawn in payment thereof : COMPUTER ACCOUNTS : GENERAL FUND 3198 - 3720 ROAD & BRIDGE 3255 - 3730 INTRAGOVERNMENTAL 3263 - 3749 PUBLIC WORKS NONE HOSPITAL BUILDINGS NONE GENERAL HOSPITAL 3310 - 3529 REVENUE SHARING 3311 - 3750 WELFARE: ADC 69016 - 70514 AND 25683 - 26141 GA 1461 - 1504 CW & AB 10007 - 10126 OAP 81807 - 83270 DAY CARE 4544 - 4672 ADM 4105 - 4218 AUTHORIZE PUBLICATION OF PROCEEDINGS APRIL 30, 1974 : BE IT RESOLVED, that pursuant to C. R. S. 1963 , 36-2-11 , the Board of County Commissioners of Weld County, Colorado, does hereby authorize publication of the pro- ceedings as relate to each claim and expenditure allowed and does hereby and paid during the month of April, 1974; further authorize publication of Public Welfare Administration expenditures and all General Assistance expenditures other than actual recipients of such General Assistance Funds. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: AYES : ' J/ THE ;BOAR9 OF , UN Y COMMISSIONERS WELD COUNTY, OLORADO DATED: April 30, 1974 There being no further business for the day, a recess was ordered taken to a future date , subject to call of th/e/ Chairman. n7- 1((l 1( t��1,EC �_CHAIRMAN G/ y e,..5;6c COUNTY CLERK � BY : / / Deputy County Clerk Hello