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Home My WebLink About700303.tiff RESOLUTION RE: AGREEMENT FOR REPAIR OF 4-H BUILDING AT ISLAND GROVE PARK, WELD COUNTY, COLORADO. WHEREAS, it has been determined by the Board of County Commissioners, Weld County, Colorado, that the 4-H Building at Island Grove Park is in need of extensive repairs, and WHEREAS, Hensel Phelps Construction Company, has submitted a bid and agreement accompanied with Performance Bond, to perform the necessary repairs, and WHEREAS, the Board of County Commissioners, Weld County, Colorado, believes it to be in the best interests of the County to enter into such an agree- ment on the basis recited therein. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that the agreement submitted by Hensel Phelps Con- struction Company to repair the 4-H Building at Island Grove Park, together with Performance Bond, copies of which are attached hereto and made a part hereof by reference, be, and it hereby is approved. BE 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 2nd day of September, 1970. AYES: „Af A OFCot "T COMMI STONERS ATTEST: WELD COUNTY, COLORADO CLERK F HE BOA P ,APPRO D AS TO F9R • C TY' TTORN Y .... Pe0({) 700303 ill CI NELSON, HALEY, PATTERSON AND QUIRK, INC. CONSULTANTS GREELEY, COLORADO 80631 PHONE 303'. 353-6244 2021 CLUBHOUSE DRIVE June 18, 1970 Project No. 68 18 812 Mr. Barton Buss Director of Finance Weld County Courthouse Greeley, Colorado 80631 Dear Barton: Re: Repair of 4-H Building Island Grove Park Please refer to our letter dated June 10. 1968 (copy attached) regarding the 4-H Building. In accordance with your request. we have contacted the Hensel Phelps Construction Company who, in turn, has contacted ir subcontractors to establish a current cost estimate for the repair of the 4-H Building. Mr. Robert Tointon advises that Hensel Phelps Construction Company is prepared to undertake this �ccordancetwtt�rtehre instructions County ototielson�ners. and to complete the work Haley. Patterson and Quirk, acting as representatives of the County Commis- sioners, for a total firm fixed price of miscellaneous expenses. ° This includes The work labor. materials, insurance, and can and would be accomplished onsLruction thirty woulddbe accomplished in iniaccardanee July 5, 1970. The propose with previous discussions with the County Commissioners and Robert Tointon, all as outlined in the referenced letter. This office stands ready to work with the Hensel Phelps Construction Company and the County Commissioners in the proper completion of this project upon being advised to proceed by the Commissioner's office. This office will charge on an hourly basis at standard hourly rates for those engineers and materials inspectors actually involved in the work. An itemized billing ll be snted �n ca�ccletion of wmulate tothe al much It is anticipated that the engineering charges may as $800. OFFICES IN GREELEY AND GRAND JUNCTION, COLORADO Mr. Barton Buss - 2 - June 13, 1970 We hope that this answers your questions, and both the contractor, Hensel Phelps Construction Company, and this office await your further instruc- tions. Very truly yours, NELSON, HALEY, PATTERSON and QUIRK► INC. 1 John L. Haley, P.E. JLH/mji Attachment: Letter dated June 10, 1968 cc: Board of County Commissioners Nor. Stan Boyes, Weld County Extension Agent Robert Tointon, Hensel Phelps Construction Company COOPERATIVE EXTENSION coloredo state university SERVICE COUNTY EXTENSION OFFICE WELD CO.SERVICES BLDG. GREELEY.COLORADO 80631 303/353-2212 April 23 , 1970 Weld County Commissioners County Courthouse Greeley, Colorado 80631 SUBJECT: 4-H Club Building Dear Sirs: About two years ago we noticed some cracking in the 4-H Building along the east wall. At that time I brought this to the attention of the County Commissioners. They in turn asked Nelson, Haley, Patterson, and Quirk to investigate the founda- tion conditions and structural stability of this building. This was done and a report given to the Commissioners on June 10, 1968. They quoted a price of $6,880.00 with Hensel Phelps for stabilizing the east wall. I have been watching the cracking and condition very care- fully. This wall has settled some in the past two years. The crack in the counter top in the kitchen has gotten some larger. I don't know if anything should be done now, but I felt that I should report to you in writting the developments in the building. I feel that something is going to have to be done sometime to stabilize this wall. If you have any questions, please contact me. Very t y yours, Stanley L. B es Extension Agent in Charge SLB/j mb cc to Charles Clementz , ) (rm T COLORADO STATE UNIVERSITY CENTENNIAL YEAR 1970 COLORADO STATE UNIVERSITY, U.S.DEPARTMENT OF AGRICULTURE AND WELD COUNTY COOPERATING o A. I. A. SHORT FO-.4. M FOR SMALL CONSTR CTION CONTRACTS d AGREEMENT AND GENERAL CONDITIONS BETWEEN CONTRACTOR AND OWNER 8nip a _ a Issued by The American Institute of Architects for use only when the proposed work is simple in character, small in cost, and when a stipulated sum forms the basis of payment. For other contracts the Institute issues the standard form of agreement between Contractor and Owner for construction of buildings and the standard general conditions in connection therewith for use when a stipulated sum forms the basis for payment. Copyright, 1936-1951-1958 © 1961 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington 6, D. C. THIS AGREEMENT made the eighteenth day of August in the year Nineteen Hundred and Seventy by and between HENSEL PHELPS CONSTRUCTION COMPANY hereinafter called the Contractor, and COUNTY OF WELD hereinafter called the Owner. WITNESSETH, That the Contractor and the Owner for the considerations hereinafter named agree as follows: ARTICLE I. SCOPE OF THE WORK—The Contractor shall furnish all of the material and perform all of the work for _ the repair of the foundation conditions and the improvement mom immommimEMEIMMIEMINENIM of the structural stability of the east wall of the 4-H building at Island Grove Park. MIS ARTICLE 2. TIME OP COMPLETION—The work shall be substantially completed on September 18, 1970 era • . :f 8 ARTICLE 3. CONTRACT sum—The Owner shall pay the Contractor for the performance of the contract ' 2 rn subject to the additions and deductions provided therein in current funds, the sum of Seven Thousand ) ° Nine Hundred and 00/100 -dollars. ($ 7s900.00 D 0 ARTICLE 4. PROGRESS PAYMENTS—The Owner shall make payments on account of the contract, upon requisi- tion by the Contractor, as follows: One lump sum upon completion ten (10) ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT—Final payment shall be due - . - . —. days after completion of the work, provided the contract be then fully performed, subject to the provisions of Article 16 of the General Conditions. ARTICLE 6. CONTRACT DOCUMENTS—Contract Documents are as noted in Article 1 of the General Conditions. The following is an enumeration of the drawings and specifications: Sheet 1 entitled "Island Grove Park 4-H Building Underpinning" and in accordance with letters to the Weld County Commissioners dated June 10, 1968 and June 18, 1970, signed by John L. Haley. GENERAL CONDITIONS ARTICLE 1 All workmen and sub-contractors shall be skilled in their trades. CONTRACT DOCUMENTS ARTICLE 4 The contract includes the AGREEMENT and its GENERAL CON- DITIONS the DRAWINGS, and the SPECIFICATIONS. Two or more ROYALTIES AND PATENTS copies of each, as required, shall be signed by both parties The Contractor shall pay all royalties and license fees. He and one signed copy of each retained by each party. shall defend all suits or claims for infringement of any patent The intent ofes and services of every kind necessary for the these documents is to include all labor, mate- rights and shall save the Owner harmless from loss on account vials, appliances thereof. proper execution of the work, and the terms and conditions of payment therefor. ARTICLE 5 The documents are to be considered as one, and whatever is called for by any one of the documents shall be as binding as if called for by all. SURVEYS, PERMITS, AND REGULATIONS ARTICLE 2 The Owner shall furnish all surveys unless otherwise specified. Permits and licenses necessary for the prosecution of the work shall be secured and paid for by the Contractor. Easements SAMPLES for permanent structures or permanent changes in existing The Contractor shall furnish for approval all samples as facilities shall be secured and paid for by the Owner, unless directed. The work shall be in accordance with approved otherwise specified. The Contractor shall comply with all laws es.sam l and regulations bearing on the conduct of the work and shall p notify the Owner if the drawings and specifications are at van- ARTICLE 3 ance therewith. ARTICLE 6 MATERI ALS, APPLIANCES, EMPLOYEES Except as otherwise noted, the Contractor shall provide and PROTECTION OF WORK, PROPERTY, AND PERSONS pay for all materials, labor, tools, water, power and other items necessary to complete the work. The Contractor shall adequately protect the work, adjacent Unless otherwise specified, all materials shall be new, and property and the public and shall be responsible for any dam- both workmanship and materials shall be of good quality. age or injury due to his act or neglect. ARTICLE 7 not remedied, liens filed, damage by the Contractor to others not adjusted, or failure to make payments properly to subcon- ACCESS TO WORK tractors or for material or labor. The Contractor shall permit and facilitate observation of the ARTICLE 13 work by the Owner and his agents and public authorities at all times. CONTRACTOR'S LIABILITY INSURANCE ARTICLE 8 The Contractor shall maintain such insurance as will protect him from claims under workmen's compensation acts and CHANGES IN THE WORK other employee benefits acts, from claims for damages because of bodily injury, including death, and from claims for damages The Owner may order changes in the work, the Contract Sum to property which may arise both out of and during operations being adjusted accordingly. All such orders and adjustments under this contract, whether such operations be by himself or shall be in writing. Claims by the Contractor for extra cost by any subcontractor or anyone directly or indirectly employed must be made in writing before executing the work involved. by either of them. This insurance shall be written for not less than any limits of liability specified as part of this contract. ARTICLE 9 Certificates of such insurance shall be filed with the Owner and architect. CORRECTION OF WORK ARTICLE 14 The Contractor shall re-execute any work that fails to conform to the requirements of the contract and that appears during OWNER'S LIABILITY INSURANCE the progress of the work, and shall remedy any defects due to faulty materials or workmanship which appear within a period The Owner shall be responsible for and at his option may of one year from the date of completion of the contract. The maintain such insurance as will protect him from his contingent provisions of this article apply to work done by subcontractors liability to others for damages because of bodily injury, includ- as well as to work done by direct employees of the Contractor, ing death, which may arise from operations under this contract, and any other liability for damages which the Contractor is ARTICLE 10 required to insure under any provision of this contract. ARTICLE 15 OWNER'S RIGHT TO TERMINATE THE CONTRACT Should the Contractor neglect to prosecute the work properly, FIRE-INSURANCE WITH EXTENDED COVERAGE or fail to perform any provision of the contract, the Owner, The Owner shall effect and maintain fire insurance with ex- after seven days' written notice to the Contractor, and his tended coverage upon the entire structure on which the work surety if any may, without prejudice to any other remedy he of this contract is to be done to one hundred per cent of the may have, make good the deficiencies and may deduct the cost insurable value thereof, including items of labor and materials thereof from the payment then or thereafter due the contractor connected therewith whether in or adjacent to the structure or,at his option, may terminate the contract and take possession insured, materials in place or to be used as part of the perma- of all materials, tools, and appliances and finish the work by nent construction including surplus materials, shanties, protec- such means as he sees fit, and if the unpaid balance of the tive fences, bridges, temporary structures, miscellaneous mate- contract price exceeds the expense of finishing the work, such rials and supplies incident to the work, and such scaffoldings, excess shall be paid to the Contractor, but if such expense stagings, towers, forms, and equipment,as are not owned or exceeds such unpaid balance, the Contractor shall pay the dif- rented by the contractor, the cost of which is included in the ference to the Owner. cost of the work. EXCLUSIONS: The insurance does not cover any tools owned by mechanics, any tools, equipment, scaffold- A RT I C I.E 11 ing staging, towers, and forms owned or rented by the Con- tractor, the capital value of which is not included in the cost of CONTRACTOR'S RIGHT TO TERMINATE CONTRACT the work, or any cook shanties, bunk houses or other struc- tures erected for housing the workmen. The loss, if any, is to Should the work be stopped by any public authority for a be made adjustable with and payable to the Owner as Trustee period of thirty days or more, through no fault of the Con- for the insureds and contractors and subcontractors as their tractor, or should the work be stopped through act or neglect interests may appear, except in such cases as may require pay- of the Owner for a period of seven days, or should the Owner ment of all or a proportion of said insurance to be made to a fail to pay the Contractor any payment within seven days after mortgagee as his interests may appear. it is due, then the Contractor upon seven days' written notice Certificates of such insurance shall be filed with the Con- to the Owner, may stop work or terminate the contract and tractor if he so requires. If the Owner fails to effect or main- recover from he Owner payment for all work executed and any taro insurance as above and so notifies the Contractor, the loss sustained and reasonable profit and damages. Contractor may insure his own interests and that of the sub- contractors and charge the cost thereof to the Owner. If the ARTICLE 12 Contractor is damaged by failure of the Owner to maintain such insurance or to so notify the Contractor, he may recover PAYMENTS as stipulated in the contract for recovery of damages. If other special insurance not herein provided for is required by the Payments shall be made as provided in the Agreement. The Contractor, the Owner shall effect such insurance at the Con- making and acceptance of the final payment shall constitute a tractor's expense by appropriate riders to his fire insurance waiver of all claims by the Owner, other than those arising policy. The Owner, Contractor, and all subcontractors waive from unsettled liens or from faulty work appearing thereafter, all rights, each against the others, for damages caused by fire as provided for in Article 9, and of all claims by the Contractor or other perils covered by insurance provided for under the except any previously made and still unsettled. Payments terms of this article except such rights as they may have to otherwise due may be withheld on account of defective work the proceeds of insurance held by the Owner as Trustee. The Owner shall be responsible for and at his option may with the work and the Contractor shall properly cooperate with insure against loss of use of his existing property, due to fire any such other contractors. or otherwise, however caused. If required in writing by any party in interest, the Owner as Trustee shall, upon the occurrence of loss, give bond for the ARTICLE 18 proper performance of his duties. He shall deposit any money received from insurance in an account separate from all his THE ARCHITECT'S STATUS other funds and he shall distribute it in accordance with such The Architect shall be the Owner's representative during the agreement awardfra parappointed,ties in interest may reach Owner,o under an construction period. He has authority to stop the work if nec- joint action arbitratorsothother one interest,by the the another procedure by essary to insure its proper execution. He shall certify to the joint sr of ed lewre parties in ontrat forall arbitration. being as provided elsewhere in the contract If Owner when payments under the contract are due and the after loss no special agreement is made, replacement of injured amounts to be paid. He shall make decisions on all claims of work shall be ordered and executed as provided for changes in the Owner or Contractor. All his decisions are subject to the work. arbitration. The Trustee shall have power to adjust and settle any loss ARTICLE 19 with the insurers unless one of the Contractors interested shall object in writing within three working days of the occurrence of loss, and thereupon arbitrators shall be chosen as above. ARBITRATION The Trustee shall in that case make settlement with the insurers disagreement arising out of contract or from the in accordance with the directions of such arbitrators, who shall Any nych thereof t be submitted u t this sbcontrac and judgment also, if distribution by arbitration is required, direct such brupon the award rendered may be entered in the court of the distribution. forum, state or federal, having jurisdiction. It is mutually agreed that the decision of the arbitrators shall be a condition ARTICLE 16 precedent to any right of legal action that either party may have against the other. The arbitration shall be held under LIENS the Standard Form of Arbitration Procedure of The American Institute of Architects or under the Rules of the American The final payment shall not be due until the Contractor has Arbitration Association. delivered to the Owner a complete release of all liens arising out of this contract, or receipts in full covering all labor and materials for which a lien could be filed, or a bond satisfactory ARTICLE 20 to the Owner indemnifying him against any lien. CLEANING UP ARTICLE 17 The Contractor shall keep the premises free from accumulation SEPARATE CONTRACTS of waste material and rubbish and at the completion of the work he shall remove from the premises all rubbish, imple- The Owner has the right to let other contracts in connection ments and surplus materials and leave the building broom-clean. IN WITNESS WHEREOF the parties hereto executed this Agreement, the day and year first above written. Contractor HENSEL PIIJE .'S �> .TRU ION •MP By Robert G. Tointon, Vice Pres =ent Owner �4UNTY_OE_SIELR Byi Hello