HomeMy WebLinkAbout35 - West Canyon Tree Farm - landscapingC: C
AGREEMENT
THIS AGREEMENT, made this 8th day of July ,
1985, by and between County of Eagle, Colorado , hereinafter caller
"OWNER" and West Canyon Tree Farm, Inc. doing business as �w*x
(a corporation) hereinafter called
"CONTRACTOR ".
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned:
1. THE CONTRACTOR will commence and complete the construction of
Eagle County Justice Center Landscaping
2. THE CONTRACTOR will furnish all of the material, supplies,
tools, equipment, labor and other services necessary for the construction
and completion of the PROJECT described herein.
3. THE CONTRACTOR will commence the work required by the CONTRACT
DOCUMENTS within one (1) calendar days after the date of the NOTICE
TO PROCEED and will complete the same within 37 calendar days
unless the period for completion is extended otherwise by the CONTRACT
DOCUMENTS.
4. THE CONTRACTOR agrees to perform all of the WORK described in
the CONTRACT DOCUMENTS and comply with the terms therein for the sum
of $ 89, 484.00 or as shown in the BID schedule.
5. The term "CONTRACT DOCUMENTS" means and includes the following:
14
13
THE AMERICAN INSTITUTE OF ARCHITECTS
- AIA Document A311
Performance Bond
Bond # 47 0120 11533 84 6
KNOW ALL MEN BY THESE PRESENTS: that
KYBURZ CONSTRUCTION, INC. (Here insert full name and address or legal title of Contractor)
P.O. Box 245
Dillon, Colorado 80435
as Principal, hereinafter called Contractor, and,
UNITED STATES FIDELITY & GUARANTY COMPANY (Here insert full name and address or legal title of surety)
Baltimore,
Maryland
as Surety, hereinafter called Surety, are held and firmly bound unto
COUNTY OF EAGLE (Here insert full name and address or legal title of Owner)
STATE OF COLORADO
Eagle, Colorado
as Obligee, hereinafter called Owner, in the amount of Five Million Four Hundred Sixty
Nine Thousand Four Hundred Ninety and 30/100-------- -
Dollars ($ 5, 469, 490.30 ),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated June 30, 19 83 , entered into a contract with Owner for
EAGLE COUNTY JUSTICE CENTER, CONSTRUCTION MANAGEMENT SERVICES
GUARANTEED MAXIMUM COST CONTRACT, with Addendum dated May 24, 1984
in accordance with Drawings and Specifications prepared by
tHere 'nsert full nam an addre� or I i ' f Architect'
W. C. Muchow and Partners, 1725 Blake Street, Denver, �o�ora�o�b�1%
Walker McGough Foltz Lyerla, P.C., West 244 Main Street, Spokane, Washington
99210 ( A Joint Venture)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA C?,
I EBRUARY 1970 ED. • THE ANIFRICAN INSTITUTE OF ARCHITECTS, 1' "i5 N. }' A\'[., NAV., WASHINGTON, D. C. 20006 1
' UJ
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform
said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner
to be in default under the Contract, the Owner having
performed Owner's obligations thereunder, the Surety
may promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its terms
and conditions, or
2) Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions, -and upon de-
termination by Surety of the lowest responsible bidder,
or, if the Owner elects, upon determination by the
Owner and the Surety jointly of the lowest responsible
bidder, arrange for a contract between such bidder and
Owner, and make available as Work progresses (even
though there should be a default or a succession of
Signed and sealed this
day of
defaults under the contract or contracts of completion
arranged under this paragraph) sufficient funds to pay the
cost of completion less the balance of the contract price;
but not exceeding, including other costs and damages
for Which the Surety may be liable hereunder, the amount
set forth in the first paragraph hereof. The term "balance
of the contract price," as used in this paragraph, shall
mean the total amount payable by Owner to Contractor
under the Contract and any amendments thereto, less
the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before
the expiration of two (2) years from the date on which
final payment under the Contract falls due.
No right of action shall accrue on this bond to or for
the use of any person or corporation other than the
Owner named herein or the heirs, executors, adminis-
trators or successors of the Owner.
June 84
19
KYBURZ CONSTRUCTION, INC.
Wrincivai Seal
(11`itrnsc)
BY:
Derald D. Hur Bert t1c'' President
UNITED STATES FIDELITY & GUARANTY COMPANY
t I / �% i�tirrtV,� ltioal
� rtl�itnt .�
Y:
Paul o man, 0111c) Attorney in act
AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND - AIA {q'
11BRUARY 19'0 LI). • THE AMERICAN INSTITUTE OF ARCI IITLCTS, 1735 N.Y. AVL., N.W., WASHINGTON, D. C. 20006 2
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A311
Labor and Material Payment Band
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that
KYBURZ CONSTRUCTION, INC. (Here insert full name and address or legal title of Contractor)
P.O.Box 245
Dillon, Colorado 80435
as Principal, hereinafter called Principal, and,
UNITED STATES FIDELITY &GUARANTY COMPANY (Here insert full name and address or legal title of Surety)
Baltimore,
Maryland
as Surety, hereinafter called Surety, are held and firmly bound unto
COUNTY OF EAGLE (Here insert full name and address or legal title of Owner;
STATE OF COLORADO
Eagle, Colorado
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
Five Million Four Hundred Sixty Nine Thousand Four Hundred Ninety and 30/100-- -
amount of
(Here insert a sum equal to at least one -half of the contract price) Dollars ($5,469,490.30
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated June 30, 19 83 entered into a contract with Owner for
EAGLE COUNTY JUSTICE CENTER, CONSTRUCTION MANAGEMENT SERVICES
GUARANTEED MAXIMUM COST CONTRACT, WITH Addendum dated May 24 -, 1984
in accordance with Drawings and Specifications prepared by
W. C. Muchow and Partners, 1725 Blake Stri�6 t;
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall_ promptly make payment to all
claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the
Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however; to the fol-
lowing conditions:
1. A claimant is defined as one having a direct con-
tract with the Principal or with a Subcontractor of the
Principal for labor, material, or both, used or reasonably
required for use in the performance of the Contract,
labor and material being construed to include that part of
water, gas, power, light, heat, oil, gasoline, telephone
service or rental of equipment directly applicable to the
Contract.
2. The above named Principal and Surety hereby
jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in
full before the expiration of a period of ninety (90)
days after the date on which the last of such claimant's
work or labor was done or performed, or materials were
furnished by such claimant, may sue on this bond for
the use of such claimant, prosecute the suit to final
judgment for such sum or sums as may be justly due
claimant, and have execution thereon. The Owner shall
not be liable for the payment of any costs or expenses
of any such suit.
3. No suit or action shall be commenced hereunder
by any claimant:
a) Unless claimant, other than one having a direct
contract with the Principal, shall have given written
notice to any two of the following: the Principal, the
Owner, or the Surety above named, within ninety (90)
days after such claimant did or performed the last of
the work or labor, or furnished the last of the materials
for which said claim is made, stating with substantial
Signed and sealed this
day of
accuracy the amount claimed and the name of the party
to whom the materials were- furnished, or for whom
the work or labor was done or performed. Such notice
shall be served by mailing the same by registered mail
or certified mail; postage prepaid, in an envelope ad-
dressed to the Principal, Owner or Surety, at any place
where an office is regularly maintained for the trans-
action of business, or served in any manner in which
legal process may be served in the state in which the
aforesaid project is located, save that such service need
not be made by a public officer.
b) After the expiration of one (1) year following. the
date on which Principal ceased Work on said Contract,
it being understood, however, that if any limitation em-
bodied in this bond is prohibited by any law controlling
the construction hereof such limitation shall be deemed
to be amended so as to be equal to the minimum period
of limitation permitted by such law.
c) Other than in a state court of competent jurisdiction
in and for the county or other political subdivision of
the state in which the Project, or any part thereof, is
situated, or in the United States District Court for the
district in which the Project, or any part thereof, is sit-
uated, and not elsewhere.
4. The amount of this bond shall be reduced by and
to the extent of any payment or payments made in good
faith hereunder, inclusive of the payment by Surety of
mechanics' liens which may be filed of record against
said improvement, whether or not claim for the amount
Of such lien be presented under and against this bond.
June 19 84
KYBURZ CONSTRUCTION, INC.
(Principal) Isc•ai
!11'itncs/
BY.
Derald D. Hurlbert President
/ UNITED STATES FIDELITY & GUARANTY COMPANY
( tiurrh l tical
C �� tl�itfiR ,1
BY:
��. i�TLC1'iLL/
Paul N. Borman T 0ah') Attorney in Fact
AIA DOCUMENT A311 • I'fRfOR.'viANCE. BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA CA3
FEBRUARY 19'0 [D_ • ME AM[RICAN INSI ITUTE Of ARCHI ][CIS, 1715 N.Y. AVL, N.W., ANASHINGTON, D. C, 20006
ACKNOWLEDGMENT OF PRINCIPAL
STATE OF MINNESOTA )
ss.
COUNTY OF CLAY )
On this 1 day of June , 19 84 , before me a notary
Public in and for the State of Minnesota, personally aDDeared
Deral d D H irl bertt known to me to be President
of the principal described in the within instrument and who executed the
same and acknowledged to me that he executed the same for and on behalf of
said principal.
(SEAL)
a NOttii'1 ;piaLl� 1(. 1� ±7� IdL cjiA i
CLAY COUt�I;Y
n
P:hy Con�mission Expires 7,an. 21, 19QU
STATE OF MINNESOTA )
SS.
COUNTY OF CLAY )
My Commission Expires:
January 21, 1990
ACKNOWLEDGMENT OF SURETY
On this 1 day of June 1984 before me personally
came Paul N. Borman to me known, who being by me duly sworn,
did depose and say that he resides in North Dakota that he is
the Attorney in Fact of UNITED STATES FIDELITY & GUARANTY COMPANY
the corporation described in and which executed the above instrument; that
he knows the seal of said corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by order of the
board of directors of said corporation; and that he signed his name thereto
by like order,
F:U�tlkf EAL) PUBLIC aNESOTA ,
l Z�
CLAY COUNTY
�'Y Ga;nmission Expires�l n. 21, I990 �J
My Commission Expires: "'""a��- n••.,�.,,..,t, p � January 21, 1990
CERTIFIED COPY
GENERAL POWER OF- ATTORNEY
No.,....9 � 4.3 ....:..................
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Paul N. Borman and T. J. Kibler
of the City of Fargo ,Stateof North Dakota
its true and lawful attorney S i4CAX"t1[dCS a- "X360C
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform -any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoeverl4fl AAA
either the said Paul N. Borman or the said T. J. Kibler
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY C0MPANY has caused this instrument to be
sealed with its corporate seal, duly attested by the signatures of its Vice - President and Assistant Secretary, this 25th day of
June , A.D. 19 82
(Signed)
(SEAL)
(Signed)
STATE OF MARYLAND,
ss:
BALTIMORE CITY,
UNITED STATES FIDELITY AND GUARANTY COMPANY.
........................
Vice- President.
Michael P. Hammond ,.
.. ..,. .......................
Assistant Secretary.
On this 25th day of Jun e , A. D. 1982 , before me personally came
James D. Rector , Vice - President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and Michael P. Hammond , Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they, the said Jame s D . Re Ct or
and Michael P . Hammond were respectively the Vice - President and the Assistant Secretary of the said UNITED
STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney;
that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was
so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice - President
and Assistant Secretary, respectively, of the Company.
My commission expires the first day in July, A. D. 19.82..
Margaret M. Hurst
( SEAL) (Signed) .................. ...............................
Notary Public.
STATE OF MARYLAND )
BALTIMORE CITY, J Sct.
I, Charles W. Mackey, Jr. , CIerk of the Superior Court of Baltimore City, which Court is a
Court of Record, and has a seal, do hereby certify that Margal; et M. Hurst , Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the
State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgment, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature.
In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court
of Record, this 25th day of June , A. D. 1982
(SEAL) (Signed) ,,,,_, Charles W. Mackey, Jr .
Clerk of the Superior Court of Baltimore City.
FS 3 (12.81) .�•��.
- Kim
AGREEMENT
The parties to this Agreement are:
1. United States Fidelity and Guaranty Company ( "USF &G ")
County of Eagle, State of Colorado By and
2. Through its Board of County Commissioners ( "Owner ")
Premises:
1. Kyburz Construction Inc. ( "Kyburz ") entered into a contract
with Owner for construction of a project known as Eagle
County Justice Center ( "Project ")
2. USF &G provided payment and performance bonds ( "Bonds ")
naming Owner as Obligee and Kyburz as Principal.
i
3. Kyburz is unable to complete the Project or pay unpaid
subcontractors and suppliers without financial help from
USF &G and therefore Kyburz has defaulted to USF &G.
4. USF &G is prepared to offer financial assistance and to
arrange for the completion of the Project to the limit
Of its Bonds.
5. Owner wishes USF &G to provide the necessary financial
help so that the Project can continue without interrup-
tion.
Therefore in consideration of the mutual pr®mises below and for
other good and valuable consideration, the parties agree as
follows:
1. USF &G will pay unpaid suppliers and subcontractors of
Kyburz and will arrange for the completion of the Project.
2. Owner will pay to USF &G(or such other party designated
by USF &G) for the performance of the work of the Project
all sums due in accordance with the general contract for
the Project and agrees that all contract funds available
for completion of the Project are dedicated to and are
to be applied only to the completion of the Project.
3. The liability of USF &G as surety under the Bonds, is
limited to the penal sum of the Bonds and nothing in this
Agreement constitutes a waiver of such penal sum or an
oaincrease in the liability under the Bonds. All payments
made or to be made by USF &G for the completion of the
Project, including payments to Kyburz, subcontractors and
suppliers of Kyburz and/or any completing general contractor
shall serve to reduce the penal sum of the Bonds.
4. USF &G, through this Agreement, is acting in its capacity
as Surety on behalf of Kyburz and by signing this Agreement
is not assuming any obligations or liabilities beyond
those set forth in the Bonds.
5. Any notice or communication to USF &G under this Agreement
shall be addressed to Mark Northup USF &G Insurance Company
800 Marquette Ave Minneapolis, Mn. 55402, or to such other
address directed by USF &G in writing.
The undersigned have read this Agreement, understand it and sign
it voluntarily and with the knowledge and authority of the entity
on behalf of which each signs.
7-r-s 7. %-o 13c.4rd
Dated March 1985
United States,Fidelity and Guaranty Co.
By�/1`°� F Ct+i
I t s
Fri (owner)
xxx County of Eagle,State of Colorado
By its Board of County Commissioners
Rkx By: David E. Mott, Chairman
f
AGREEMENT BETWEEN
THE COUNTY OF EAGLE. STATE OF COLORADO
AND
J., GARLIN COMMERCIAL FURNISHINGS
FURNITURE FOR THE
EAGLE COUNTY JUSTICE CENTER
THIS AGREEMENT, made this day of C ,
1985; by and between the BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF EAGLE, STATE OF COLORADO, hereinafter referred to as
"Owner ", and J. GARLIN COMMERCIAL FURNISHINGS, hereinafter
referred to as "Contractor ".
W I T N E S S E T H:
WHEREAS, Owner is presently constructing the Eagle
County Justice Center located at 0605 East Chambers Avenue,
Town of Eagle, State of Colorado, hereinafter referred to as
the "Project "; and
WHEREAS, Owner desires, as part of such construction,
to contract with Contractor to procure, deliver'and assemble
furniture for the Project in accordance with the plans and
specifications, and any and all addenda issued thereto,
prepared by the Architects for the Project, W.C. Muchow &
Partners, Inc., and Walker McGough Foltz Lyerla, P.C., in joint
venture, hereinafter referred to as the "Architect ", as well as
all other bid documents relative to Bid Package No. 8 -
Furniture, Eagle County Justice Center.
NOW, THEREFORE, for and in consideration of the
mutual covenants, conditions, and promises contained herein,
the parties hereto agree hereby as follows:
ARTICLE 1. SCOPE OF WORK.
Contractor agrees to procure; deliver F.O.B. and set
up /assemble, at the location specified in Article 3
hereinbelow, all furniture identified and described in the
Contract Documents.
ARTICLE 2. CONTRACT TIME.
Contractor agrees to procure the furniture identified
in the Contract Documents in sufficient time for delivery and
set up /assembly on or about June 15, 1985. The exact date for
delivery and set up /assembly will be determined by Owner; and
Owner agrees to provide Contractor with notice thereof three
(3) weeks in advance of such delivery and set up /assembly date.
Contractor and Owner recognize that time is of the
essence of this Agreement and Owner will suffer financial loss
if the work contemplated herein is not completed within the
time specified in the paragraph next above, plus any extensions
thereof.
ARTICLE 3. LOCATION.
All furniture identified within the Contract
Documents will be delivered to the Project site or another
alternate location in close proximity to the Project site, the
determination of which will be made by Owner and provided to
Contractor prior to the delivery date.
ARTICLE 4. CONTRACT PRICE.
. Owner agrees to pay Contractor for the materials and
work herein undertaken to be furnished and performed in
accordance with the Contract Documents, the sum of Sixty -Four
Thousand Four Hundred Sixty -Two Dollars and Ninety -Nine Cents
($64,462.99), hereinafter referred to as the "Contract Price ",
which includes no State Sales Tax, the Project being exempt a
from all State nd local taxes; however, subject to additions
and deductions as provided in Article 6 hereinbelow.
-2-
ARTICLE 5• PAYMENTS.
Payments made on account of the Contract Price shall
be as follows:
a) 25% of the Contract Price shall be due and payable as
of the date of execution of this Agreement by the
parties hereto.
b) 65% of the Contract Price shall be due and payable as
of the date of delivery of all of the furniture
identified within the Contract Documents.
c) 10 %, or the remainder, of the Contract Price shall be
due and payable concurrently with final settlement by
Owner in accordance with State statute provided,
however, that no claims are duly presented to Owner
regarding the subject of this Agreement whereupon
Owner is required to withhold.sufficient funds
pursuant to law.
Contractor shall submit an invoice for payment to
Owner for each payment due in accordance with the
aforementioned payment schedule. Payment in accordance with
said payment schedule shall be made within fifteen (15) days
from Owner's receipt of Contractor's invoice. All payments for
work performed herein are contingent upon the satisfactory
progress of the work and the work itself being satisfactory to
Owner.
It is mutually agreed between the parties hereto that
no payment made under this Agreement, except the final payment
as provided hereinbelow, shall be conclusive evidence of the
performance of this Agreement, either in whole or in part, and
that no payment shall be construed to be an acceptance of
improper materials. The acceptance of Contractor of any final
payment made pursuant to this Agreement shall constitute a full
and complete release of Owner from any and all claims, demands
and causes of action whatsoever which Contractor, its
successors or assigns, have or may have against Owner under the
provisions of this Agreement.
-3-
M
ARTICLE 6. CHANGES IN SCOPE OF WORK.
Contractor agrees to make any and all changes to
furnishing the materials that Owner may require without
nullifying this Agreement, at a reasonable addition to, or
reduction from, the Contract Price hereinabove established. NO
ALTERATIONS OR CHANGES SHALL BE MADE, HOWEVER, EXCEPT UPON
WRITTEN NOTICE OF OWNER. The amount to be paid by Owner, or
allowed by Contractor, by virtue of such alterations, shall be
stated in such written order.
ARTICLE 7. PAYMENT OF SUBCONTRACTS.
Contractor agrees to pay for all materials, skill:
labor, and instrumentalities used in, or in connection with,
the performance of this Agreement, when and as bills or claims
therefor become due, and to save and protect the Project and
Owner from all claims on account thereof, and to furnish
satisfactory evidence to Owner, when and if required, that he
has complied with the above requirements.
ARTICLE 8. CONTRACTOR'S REPRESENTATIONS.
In order to induce Owner to enter into this
Agreement, Contractor further makes the following
representations:
(a) Contractor has examined and /or read all the
plans, specifications, materials and addenda prepared by
the Architect, for the entire work, of which the materials
and work covered by this Agreement is a part, and that he
will be bound by any and all parts of said plans,
specifications, materials and addenda insofar as they
relate to the material and work herein undertaken to be
furnished and performed.
(b) The materials to be furnished under this
Agreement will be in strict accordance with the
requirements of the plans, specifications and addenda, and
that samples of such materials and shop drawings required
will be furnished for the approval of the Architect and
Owner, and that all materials furnished shall be in strict
accordance with such approved samples and /or shop
drawings.
-4-
(c) Contractor will comply with all Federal and
State laws, codes and regulations and all municipal
ordinances and regulations effective where the work is to
be performed under this Agreement, and to pay all fees and
expenses connected with such compliance.
ARTICLE 9. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire
Agreement are as follows:
(a) This Agreement.
(b) Plans, Sheet F1.1 (dated September 24, 1984), Sheets
F1.2, F1.3, F1.4 (all dated October 18, 1984);
prepared by the Architect.
(c) Project Manual, Eagle County Justice Center, Phase 8:
Furniture, dated January 14, 1985 and as revised
April, 1985; prepared by the Architect.
(d) Addendum No. 1 of Bid Pack 8 dated February 18, 1985;
prepared by the Architect.
(e) Addendum No. 2 of Bid Pack 8 dated February 22, 1985;
prepared by the Architect.
(f) Eagle County Justice Center, Phase 8: Furniture,
Instructions to Bidders, dated March 14, 1985;
prepared by Owner.
(g) Eagle County Justice Center, Phase 8: Furniture,
Supplemental Instructions to Bidders, dated March 14,
1985; prepared by Owner.
(h) Eagle County Justice Center, Phase 8: Furniture, Bid
Proposal, dated March 14, 1985; including the
completed Project Manual and letter dated March 25,
1985, regarding discounts; prepared by the
Contractor.
(i) Notice of Award dated April 15, 1985;
-5-
C"�
(j) Any modifications, including change orders, duly
delivered after execution of this Agreement.
The Contract Documents are by reference hereto made a
part of this Agreement the same as if fully written herein. In
the event of any conflict, inconsistency, or incongruity of the
Contract Documents and this Agreement, the provisions contained
in this Agreement shall in all respects govern and control.
ARTICLE 10. INSURANCE.
Contractor shall, at its own cost and expense,
maintain in full force and effect during the term of this
Agreement, such insurance as will protect him from claims set
forth below which may arise out of or result from the
Contractor's operations under this Agreement, whether such
operations be by himself or by any subcontractor or by anyone
directly or indirectly employed by any of them, or by anyone
for whose acts any of them may be liable:
(a) Claims under workers' or workmen's compensation,
disability benefit and other similar employee benefit
acts;
(b) Claims for damages because of bodily injury,
occupational sickness or disease, or death of his
employees;
(c) Claims for damages because of bodily injury,
sickness or disease, or death of his employees;
(d) Claims for damages insured by usual personal
injury liability coverage which are sustained: (1) by any
person as a result of an offense directly or indirectly
related to the employment of such person by Contractor; or
(2) by any other person;
(e) Claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property, including loss of use resulting therefrom; and
(f) Claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
M
Z
fj
The insurance required
be for not less than the public
Owner, or as generally required
and as applicable.
immediately next above shall
liability limits imposed upon
by law, whichever is greater,
The Certificates of Insurance acceptable to Owner
shall be filed with Owner prior to commencement of the work
contemplated herein. These Certificates shall contain a
r
provision that coverages afforded under the policies will not
be cancelled until at least thirty (30) days' prior written
notice has been given to Owner.
ARTICLE 11. WARRANTIES.
Contractor warrants to Owner that all materials
furnished under this Agreement will be new - unless otherwise
specified, and that all work will be of good quality, free from
all faults and defects and in conformance with the Contract
Documents. All materials and work not conforming to these
requirements, including substitutions not properly approved and
authorized, may be considered defective.
All written warranties on the materials furnished
hereunder shall be properly transferred and delivered to Owner
concurrent with final settlement.
ARTICLE 12. MISCELLANEOUS PROVISIONS.
Neither Owner nor Contractor shall delegate and /or
assign its duties and /or rights under this Agreement without
the prior written consent of the other. Any such delegation
and /or assignment shall be null and void.
The laws of the State of Colorado and the rules and
regulations issued pursuant thereto shall be applied in the
interpretation, execution and enforcement of this Agreement.
Any covenant, condition, or provision herein contained that is
held to be invalid by a court of competent jurisdiction shall
be considered deleted from this Agreement, but such deletion
shall in no way affect any other covenant, condition, or
provision herein contained so long as such deletion does not
materially prejudice the respective parties hereto and the
respective rights and obligations contained in the valid
covenants, conditions, or provisions of this Agreement.
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This Agreement contains the entire agreement between
the parties and supersedes any and all prior agreements,
proposals, negotiations, and representations pertaining to the
work to be performed hereunder. No amendments or modifications
of this Agreement shall be binding unless evidenced in writing
and signed by and on behalf of the parties.
All covenants, conditions and provisions in this
Agreement shall extend to and bind the legal representatives,
successors, and assignees of the respective parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the day and year first above written.
E* , k
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
ATTEST:, BOARD OF COUNTY COMMISSIONERS
By. a lL��� - % . By 4dkvott,
Perk of the—Board/of Dav Chairman
} "County Commissioners Address: P.O. Box 850
Eagle, Colorado 81631
Telephone: (303) 328 -7311
CONTRACTOR:
ATTEST: ' AQ L IQ Ca M 0(�Q C rte L
By rB, (Title)
ress: "0'C 1sfX.";4r' '-I,._— -L
elephone: Jo. -
am
X0843
4 ,} C_,
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PAM
jOHNNETTE PSI .LIPS
{ `::AGLE CTY. RECORDER
RIGHT -OF -WAY DEED
MAY ZI �� 07 PH f8
THIS RIGHT -OF -WAY DEED dated this 15th day
of May -1985 is from EAGLE PARK EAST, a
General Partnership, hereirla -fter referred to as "Grantor ", to
the COUNTY OF EAGLE, STATE OF COLORADO, a body corporate and
politic, by and through its Board of County Commissioners,
hereinafter referred to as "Grantee ".
W I T N E S S E T H
Grantor, for and in consideration of the sum of $10.00
and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, has remised,
released, sold, conveyed, arid quit claimed, and by these
presents do remise, release, sell, convey, and quit claim unto
the Grantee, its successors arid assigns, forever, all the right,
title, interest, claim and demand which the Grantor has in and
to the following described lots or parcels of land, situate,
lying and being in the Town of Eagle, County of Eagle, and State
of Colorado, to wit:
Parcels A and B, Eagle Park East, a
resubdivision of Lots 7 and 8, Eagle
Commercial Park, Town of Eagle, Colorado,
according to the Final Plat thereof recorded
in Book 857 at Page 910 of the Eagle County,
Colorado real property records, for the
purpose and use as a rlon- exclusive, perpetual
right -of -way for the general public.
To have and to hold the same, together with all and singular
appurtenances and privileges thereunto belonging or in anywise
thereunto appertaining, and all the estate, right, title,
interest and claim whatsoever, of the Grantor, either in law or
equity, to the only proper use, benefit arid behoof of the
Grantee, its successors arid assigns forever.
In consideration of this Right -of -Way Deed and the -
conveyance herein of Parcels A and B, Eagle Park East, Grantor
hereby acknowledges that the subject public right -of -way to be
established by Grantee utilizing the said Parcels A and B shall,
when established, be dedicated or otherwise conveyed to the Town
of Eagle, State of Colorado, hereinafter referred to as the
"Town ", for the purpose and use as a public road; subject,
however, to the Town's formal acceptance of the said
right -of -way without the imposition of unreasonable conditions
thereon. Such conveyance and/or dedication by the Grantee to
the Town shall be at no additional cost to the Grantor. The
term "public road ", as used herein, includes standard easements
for utilities, including cable television, within the
right -of -way, in the manner commonly required by the subdivision.
regulations of the Town now in force.
The parties hereto -agree the proper value of the real
properties conveyed herein is $3.48 per square foot. Grantor is
conveying Parcel A, Eagle Park East, consisting of 0.001 acre,
and Parcel B, Eagle Park East, consisting of 0.026 acre, to the
County of Eagle, State of Colorado, as Grantee, at no cost. The
County of Eagle, as Grantee, acknowledges that the $3.48 per
square foot is a charitable contribution by Grantor to Grantee
in accordance with H 170 and 1011 of the Internal Revenue Code.
This right -of -way and the agreements contained herein
are binding on and for the benefit of the parties hereto arid
their respective successors and assigns.
Executed as of the date and year first above written.
STATE OF COLORADO )
)ss:
COUNTY OF EAGLE )
EAGLE PARK EAST, a General
Partnership
"
By: acl
Ma&ylen C. Webert, General
Partner, and as Vice President
of Madcap Investments, Inc., a
Colorado Corporation, General
Partner
The foregoing instrument was sworn to and subscribed
before me this 15th day of May , 198 5 , by Magalen
C. Webert, as General Partner of Eagle Park East, a General
Partnership and as Vice President of Madcap Investments, Inc., a
Colorado Corporation, General Partner.
WITNESS my hand and official seal.
My Commission Expires: March 21, 1988
Ot y ubli Martha olfe
Address: Box 1221
Eagle, Co 81631
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14 F
The foregoing Right -of -Way Deed was accepted by the
County of Eagle, State of Colorado, this 2 69�day
of 198 <f-
SAL
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
BOARD OF COUNTY COMMISSIONERS
T
� Bo Tf
erk' of the Bard c—
County Commissioners
�x
i
AGREEMENT
THIS AGREEMENT, made this 8th day of July ,
1985, by and between County of Eagle, Colorado , hereinafter callee
"OWNER" and West Canyon Tree Farm, Inc. doing business as �*xXx
(a corporation) hereinafter called
"CONTRACTOR ".
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned:
I. THE CONTRACTOR will commence and complete the construction of
Eagle County Justice Center Landscaping
2. THE CONTRACTOR will furnish all of the material, supplies,
tools, equipment, labor and other services necessary for the construction
and completion of the PROJECT described herein.
3. THE CONTRACTOR will commence the work required by the CONTRACT
DOCUMENTS within one (1) calendar days after the date of the NOTICE
TO PROCEED and will complete the same within 37 calendar days
unless the period for completion is extended otherwise by the CONTRACT
DOCUMENTS.
4. THE CONTRACTOR agrees to perform all of the WORK described in
the CONTRACT DOCUMENTS and comply with the terms therein for the sum
of $ 89,484.00 or as shown in the BID schedule.
5. The term "CONTRACT DOCUMENTS" means and includes the following:
14
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A. Invitation to Bid
B. Instructions to Bidders
C. Bid
D. Bid Bond
E. Proposal Data Form
F. Contract Agreement
G. General Conditions
H. Payment Bond
I. Performance Bond
J. Change Orders
I K. Drawings prepared by Land Designs bylliso Co. numbered
1 through 3, and dated 1-.,'71- V Kj , 1985.
L. Specifications prepared or issued by Land Designs by Ellison
& Co., dated May 28, 1985 1985.
M. Addenda:
No. 1001 , dated June 14 1985.
No. , dated 1985.
No. , dated 1985.
No. , dated 1985.
No. , dated 1985.
N. Itemized unit pricing sheet for all materials dated
June 14, ��85, b the Contracto-g,
6. The Owner wi 1 pay o the Contractor in the manner and at such
times as set forth in the General Conditions such amounts as required by
the Contract Documents.
7. This Agreement shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns.
15
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be
executed by their duly authorized officials, this Agreement in ( triplicate
each of which shall be deemed an original on the date: firs.
above written.
OWNER:
County Eagle, State of Colorado
BY ..
rr
Name' David E. Mott
Please Print
Title Chairman Board of County
Commissioners, County of
Eagle, State of Colorado
(SEAL)
Attest:
0
ame Johnnette Philli s
Please Type
Title Clerk to the Board of
County Commissioners
(Seal)
Attest:
CONTRACTOR:
West C nyon Tree Farm, Inc.
BY .
Name Donald L. McGi.rr,-President
(Please Type)
Address 1650 Road 240
16
Glenwood Springs, Colorado 81601
FA
C,
NOTICE TO PROCEED
TO: Donald L. McGirr President
West Canyon Tree Farm, Inc.
1650 Road 240
Glenwood Springs, Colo. 81601
Date: July 8, 1985
Project: Eagle County
Justice Center Landscaping_
You are hereby notified to commence WORK in accordance with the Agreement
dated July 8 , 19 85 , "on or before I July 9 , 19 85 , and
you are to complete the WORK within 37 consecutive' calendar days
thereafter.
The date of completion of all WORK is therefore August 15 , 19 85 .
Count of a le, State of Colorado
Owner
TITLE -- David E. Mott, Chairman,
Board of County Commissioners
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED
is hereby acknowledge by Donald L.
McGirr, President ,
thi s the 8th day of Jul
19 85 .
West n on Tree Farm, Inc.
BY: _ ! TITLE:,- Donald L. McGirr, President