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HomeMy WebLinkAboutR84-26 subcontractors for justice centerBOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 84- 16 AFFIRMATION OF THE AWARD OF CERTAIN SUBCONTRACTS EAGLE COUNTY JUSTICE CENTER WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado, hereinafter referred to as the "Board ", has retained Kyburz Construction, Inc., hereinafter referred to as "Kyburz ", as the Construction Manager for the construction of the Eagle County Justice Center, pursuant to that certain Agreement dated June 30, 1983, between the Board and Kyburz, hereinafter referred to as the "Agreement "; and WHEREAS, Article 11 of the Agreement requires the Board to determine, with the advice of Kyburz and subject to the reasonable objection of the Architect, which subcontracting bids delivered to Kyburz will be accepted and, further, provides that Kyburz shall not enter into any subcontracts until the Board has given its approval; and WHEREAS, Kyburz has submitted by letter of transmittal to Beth Whittier, Eagle County Attorney, dated May 22, 1984, a construction cost estimate delineating in red ink those work items and subcontracts which have formally been accepted by the Board; said letter of transmittal and construction cost estimate being set forth in Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, for the work items and subcontracts not identified in red ink, Kyburz has requested the Board to formally accept the same; and WHEREAS, Kyburz has represented to the Board that the bidding process for the award of the aforementioned work items and subcontracts conformed with statutory requirements, the Agreement, and adopted policies and procedures of the Board, and further, that all such subcontracts conformed to the requirement of the Contract Documents; and WHEREAS, Kyburz has further requested the Board to accept the bid from B & B Excavating, Inc. in the amount of two hundred twenty -five thousand seven hundred dollars and no cents ($225,700.00) for Sitework /Phase II work, as set forth in a certain letter, with attached general estimate, dated May 21, 1984, from Dan Feeney, Project Manager for Kyburz, to the Board, a copy of the same being attached hereto as Exhibit B and incorporated herein by this reference; and WHEREAS, Kyburz has further requested the Board to accept the bid proposal of Kyburz in the amount of two hundred ninety -eight thousand eight hundred twelve dollars and eleven cents ($298,812.11) for Concrete /Phase II work, as set forth in a certain letter, with attached detailed take -off sheets, dated May 21, 1984, from Dan Feeney, Project Manager for Kyburz, to the Board, a copy of the same being attached hereto as Exhibit C and incorporated herein by this reference; and WHEREAS, the Board, having reviewed the statements, recommendations, explanations, and exhibits presented by Kyburz and the County staff members, as well as the applicable Agreement provisions, desires to take the following actions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, based upon the representations made by Kyburz to the Board as summarized herein, the Board hereby formally accepts those work items contracted for, and subcontracts entered into, by Kyburz, identified by the absence of red ink surrounding the descriptive work section in Exhibit A attached hereto and incorporated herein by this reference, as being properly within the budget and intended scope of work for the Eagle County Justice Center; and, therefore, the Board hereby further formally approves the award of the same by Kyburz. THAT, the acceptance and approval of the aforementioned work items and subcontracts are expressly contingent upon the Architects for the Eagle County Justice Center having reviewed the same and having no reasonable objections relative thereto, as provided in Article 11 of the Agreement. THAT, the Board, based upon the recommendations and representations of Kyburz, hereby formally accepts the bid from B & B Excavating, Inc. in the total amount of two hundred twenty -five thousand seven hundred dollars and no cents ($225,700.00) for Sitework /Phase II work at the Eagle County Justice Center site, as identified and for the reasons set forth -2- 4 1 in Exhibit B attached hereto and incorporated herein by this reference. THAT, the Board, based upon the recommendations and representations of Kyburz, hereby further formally accepts the bid from Kyburz in the total amount of two hundred ninety -eight thousand eight hundred twelve dollars and eleven cents (298,812.11) for Concrete /Phase II work at the Eagle County Justice Center site, as identified and for the reasons set forth in Exhibit C attached hereto and incorporated herein by this reference. The aforementioned award is expressly subject to a written subcontract being executed between the Board and Kyburz. THAT, the actions taken herein by the Board shall not constitute nor be deemed to constitute a waiver by the Board of any right or duty afforded it under the Agreement, other than those rights or duties expressly waived herein; nor shall the same constitute nor be deemed to constitute an approval of or acquiescence in any breach of the Agreement, existing, occurring or arising prior to the date of this Resolution, except as specifically set forth herein. THAT, this Resolution is necessary for the public health, safety and welfare of the citizenry of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County :,f Eagle, State of Colorado, at its regular meeting held the f) day of 1984. COUNTY OF EAGLE, STATE OF COLORADO By and Through its ATTEST: BOARD OF COUNTY COMMISSIONERS BY �� :� �,C CGS �- ;f� By Cler < of the oarc of ounty Commissioners NOTE' �L-SULi�T1 t71� ALE -Z�; IS i 9 -1 _�v�I W. Keith Troxe , Chairman Davi E. Mott, C mmissioner Dan Wi yams, Commissioner Seim