Loading...
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. -7- Cj C 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_, t 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 -2- 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 O F 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 C 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