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HomeMy WebLinkAboutC85-029 Kyburz Construction4 4 llv✓ ADDENDUM TO THAT CERTAIN AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND KYBURZ CONSTRUCTION, INC. EAGLE COUNTY JUSTICE CENTER - CONSTRUCTION MANAGEMENT SERVICES - GUARANTEED MAXIMUM COST THIS ADDENDUM is- made and entered into this A:�'—day of May, 1984, by and between THE COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the "Owner", and KYBURZ CONSTRUCTION, INC., a corporation authorized to do business in the State of Colorado, hereinafter referred to as the "Contractor". RECITALS 1. On or about June 30, 1983, the parties hereto entered into an Agreement, hereinafter referred to as the "Primary Agreement", retaining the Contractor as the Construction Manager for the construction of the Eagle County Justice Center, hereinafter referred to as the "Project." 2, Article 5 of the Primary Agreement required the Contractor, within thirty (30) days after the Architect had given the Contractor working plans and specifications reflecting all the changes made by the Owner and in form sufficient for requesting bids, to put the Work out for bid and to give the Owner written notice of the Guaranteed Maximum Cost, which shall be the sum of all the bids to be accepted, plus the Contractor's Fee. 3. By letter dated May 17, 1984, a copy of which is attached hereto as Exhibit A and incorporated herein by this .. reference, Dan Feeney, Project Manager for the Contractor, notified the Owner of the Contractor's proposed Guaranteed Maximum Cost, taking into consideration three (3) change orders presently being processed by subcontractors, and seven (7) allowance items, the majority of which were still the subject of "value engineering" studies with the Architect, as the same are identified in further detail within the aforementioned letter. 4. At its regular meeting of May 21, 1984, the Owner reviewed the Contractor's proposed Guaranteed Maximum Cost as set forth in Exhibit A, and desires to formally accept the same for purposes of the Primary Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto agree hereby as follows: 1. In accordance with Article 5 of the Primary Agreement, the Owner hereby accepts for purposes of the Primary Agreement the amount of one hundred forty-two 4��/ thousand eight hundred eighty-six dollars and no cents 04($142,886.00) for site development, the amount of five million sixty-six thousand one hundred fifty-two dollars and thirty-eight cents ($5,066,152.38) for building, and the amount of two hundred sixty thousand four hundred fifty-one �/— � dollars and ninety-two cents ($260,451.92) as the G911�l M N Contractor's fee, for a total cumulative amount of five million four hundred sixty-nine thousand four hundred ninety dollars and thirty cents ($5,469,490.30), as the Contractor's Guaranteed Maximum Cost for construction of the Project, pursuant to and consistent with that certain letter dated May 17, 1984, from Dan Feeney, Project Manager for the Contractor, to the Owner, attached hereto as Exhibit A and incorporated herein by this reference. SAS t 2. The aforementioned Guaranteed Maximum Cost is expressly made subject to the representations and exceptions contained in Exhibit A, and to the applicable provisions of the Primary Agreement, including, by way of example only, Changes in the Work as provided in Articles 5 and 7 of the Primary Agreement. 3. In accordance with Article 16.8 of the Primary Agreement, the Contractor shall, within ten (10) days from the date of execution of this Addendum by the Owner, provide bonds in form satisfactory to the Owner, in the amount of the above -established Guaranteed Maximum Cost, and covering the Contractor's faithful performance of the Primary Agreement and the payment of all obligations arising thereunder. 4. This Addendum is and shall be construed as an amendment to the Primary Agreement between the parties hereto dated June 30, 1983. All provisions of the Primary Agreement not inconsistent with the provisions contained in this Addendum shall remain in full force and effect, and shall control and govern the interpretation, construction and enforcement of the provisions contained in this Addendum. For purposes of this Paragraph 4, the Primary Agreement is by reference hereto made a part of this Addendum the same as if fully written herein. 5. This Addendum, and amendment to the Primary Agreement, shall not constitute nor be deemed to constitute a waiver by either of the respective parties hereunder of any right or duty afforded them under the Primary Agreement, nor shall the same constitute nor be deemed to constitute an approval of or acquiescence in any breach of the Primary Agreement, which existed, occurred, or arose prior to the date of this Addendum. -3- IN WITNESS WHEREOF, the parties hereto have executed this Addendum in original and two (2) counterparts the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO By and Through its ATTEST: — BOARD OF COUNTY COMMISSIONERS By : By: ��t �7v� er o t oar o Davi E. Mott, C airman, pro-tem County Commissioners P.O. Box 850 Eagle, Colorado 81631 (303) 328-7311 CONTRACTOR: ATTEST: KYBURZ CONSTRUCTION, INC. a44By: By: Title:2��? GL�4 Title: P.O. Box 036 Edwards, Colorado 81632 (303) 926-3526 -4-