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HomeMy WebLinkAboutR91-068 partial release of final payment Eagle County BuildingCommissioner 0-e-1&L moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 91- (" PARTIAL RELEASE OF FINAL PAYMENT EAGLE COUNTY BUILDING WHEREAS, on or about June 25, 1990, pursuant to C.R.S. 24 -91- 103, the Board of County Commissioners of the County of Eagle, State of Colorado ( "Board "), awarded a contract to Shaw Construction Partners, Ltd ( "Contractor ") for the construction of the Eagle-County Building. WHEREAS, in order to guarantee the faithful completion of the Eagle County Building required under the contract, the Board, pursuant to the Contract, Article 5, withheld a retainment of five percent (5 %) of the contract amounting to $282,025.00 WHEREAS, pursuant to Article six (6) of the Contract, the Contractor submitted a Final application for Payment to the Board. WHEREAS, pursuant to C.R.S. 38 -26- 107(1) the Board duly and properly advertised and published the Notice of Final Payment. WHEREAS, pursuant to C.R.S. 38 -26- 107(1), the Board received a Verified Statement of Claim, in a timely manner, from Soderberg Masonry, Inc., in the principal amount of $156,072.82. WHEREAS, pursuant to C.R.S. 38 -26- 107(1), the Board received a Verified Statement of Claim, in a timely manner, from Kemp & Co., in the principal amount of $1447.02. WHEREAS, pursuant to the Published Notice of Final Payment, a hearing on the Contractor's request for Final Payment was scheduled for August 26, 1991 and was then tabled for September 3, 1991. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: 1. THAT, pursuant to C.R.S. 38 -26- 107(2), the Board hereby authorizes the retainment of $157,519.84 from said final payment to secure the above mentioned Verified Statements of Claim. 2. THAT, pursuant to the terms of the Contract, Article 9, the Board hereby authorizes an additional retainment in the amount of $24,505.16 for incomplete work: allocation to be as follows: Landscaping Exterior punch list ( except limestone) ) $14,505.16 Interior punch list (mechanical) ) Limestone $10,000.00 Total retainage: $24,505.16 3. That, the Board hereby authorizes a total retainment from said final payment in the amount of $182,025.00 4. That, the Board hereby authorizes a partial final payment in the amount of $100,000.00 5. That, the partial final payment granted hereby shall not in any way abrogate the rights of the Board in enforcing the Contractor's performance of their outstanding obligations under the contract. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, held at its regular meeting September 9, 1991, nunc pro tunc September 3, 1991. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Asewr Dona d Welch, Comm s loner Commissioner Q uS72bCSdl� seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates 7q{j:!f>ey /7- commissioner Richard L. Gustafson Commissioner Donald H. Welch This Resolution passed by Uc vote of the Board of County Commissioners of the County of Eagle, State of Colorado.