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Home My WebLink About790574.tiff WEf N COUNTY CYMMISSISNERg Pi . .- VE r J, JUL9 1979 THE AMERICAN INSTITUTE OF ARCHI GREELEY. COLO,' 'j ll"�I//J • AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a • STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, -General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated 'General Contractors of America. AGREEMENT • made as of the Twenty-Fifth day of June in the year of Nineteen Hundred and Seventy-Nine BETWEEN the Owner: County of Weld, Colorado and the Contractor: Morgan Nursery Inc. 2200 Reservoir Road Greeley, Colorado 80631 The Project: Landscaping and Sprinkler Irrigation System for Weld County Library Located at: 2227 Twenty—third Avenue Greeley, Colorado The Architect: Boer and Roberts Architects 1125 Eighth Street Greeley, Colorado 80631 The Owner and the Contractor agree as set forth below. Copyright 1915, 1918, 1925,1937,1951, 1958,1961,1963, 1967, 1974, © 1977 by the American Institute of Architect^ +T+` k'^"' York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of i 790574 without permission of the AIA violates the copyright laws of the United States and will be subject to legal AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® O1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on other Contract Documents.) Landscaping work including furnishing and installation of all plants, sod, topsoil, fertilizer and appurtenant items. Included also in this work is • the designing, furnishing and installation of a complete underground sprinkler irrigation system. • ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shalt be commenced by July 9, 1979 and, subject to authorized adjustments, Substantial Completion shall be achieved not later than September 7, 1979 • (Here insert any special provisions for liquidated damages relating to failure to complete on time.) (60 calender days) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® @1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 2 • • ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of Twenty Nine Thousand Five Hundred Twenty One and no/100 Dollars ($29,521.00) The Contract Sum is determined as follows: (State here the base bid or other lump sum amount,accepted alternates,and unit prices,as applicable.) Base Bid Only (No Alternates): $29,521.00 ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the Tenth day of the month as follows: Not later than Fifteen days following the end of the period covered by the Application for Payment Ninety percent ( 9O %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and Ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing,for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to Ninety percent ( 9O %) of the Contract Sum, less such amounts as the Architect shall determine for all • incomplete Work and unsettled claims as provided in the Contract Documents. (If not covered elsewhere in the Contract Documents,here insert any provision for limiting or reducing the amount retained after the Work reaches a certain stage of completion.) Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Here insert any rate of interest agreed upon.) Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision.Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) MA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIM, ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 3 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents,which constitute the entire agreement between the Owner and the Contractor,are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement,the Conditions of the Contract(General,Supplementary,and other Conditions),the Drawings,the Specifications,and any Addenda and accepted alternates,showing page or sheet numbers in all cases and dates where applicable.) 1. This agreement dated June 25, 1979 2. Specifications dated April 12, 1979, including General Conditions, Supplementary Conditions and Technical Specifications. 3. The Drawings: Landscaping Plan, sheet 1 of 3, dated April 12, 1979 Landscaping Plan, sheet 2 of 3, dated April 12, 1979 Sprinkler Plan, sheet 3 of 3, dated April 12, 1979 This Agreement entered into as of the day and year first written above. OWNER CONTRACTOR Weld County, Colorado Morgan Nursery Inc. Board of County Commissioners BY /�J /I BY -49 Norman Carlson, Chairman Vernon C. Morgan, President AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 4 fr boer & robd s � -4 architects member american institute of architects ' 1125 eighth street greeley coloredo 80631 telephone (3031 353-4666 July 11 , 1979 Morgan Nursery Inc . 220O Reservoir Road Greeley, Colorado 80631 NOTICE TO PROCEED Gentlemen: This correspondence will serve as your Notice to Proceed with Landscaping and Sprinkler Irrigation System work for the Weld County Library in accordance with the attached Agreement, dated June 25, 1979. The work to be performed under this contract shall be commenced immediately and, subject to authorized adjustments, Substantial Completion shall be achieved not later than September 7, 1979. • Your bid security, check # 16756, dated May 15, 1979, in the amount of $ 1 ,065. 55, is herewith returned. Sincerely, Boer and Robert chitects • Fph- ete J. Boer eject Manager Encl : 'As stated ✓ Copy Furnished: Weld County Purchasing Director '• 't '.a o ✓ Of4 0.'.O V'.< ,ar -..., -. ..�V • `B V' 4tr - ‘Al 4. 4 pV�i l� OC A•. -� o.� O < J'.q c J4 O'.'q O:A J. . O:•. J.d J:q J' L<•l.!cot.'e THE TRAVELER S os., i1'e: THE TRAVELERS INDEMNITY COMPANY • HARTFORD, CONNECTICUT Mi"q 1yzjy + 0.)4 BOND NO. 710E3544Ia Via. le 4 t! 'I'` PERFORMANCE BOND 'r` U, O 1F y„,;y Approved by The American Institute of Architects, A.I.A. Document No. A-311 February 1970 Edition 1 s,�, as.O .44 KNOW ALL MEN BY THESE PRESENTS: - • - o.1.r • q That_YORRAN NURS 2Y INCA 2200 Reservoir Rd., Greeleys Coloradoh 8Q631 1; �I 1 (Here insert full name and address or legal title of Contractor) _: : -' 'PA? ,I, as Principal,hereinafter called Contractor, and THE TRAVELERS INDEMNITY COMPA$•T aje2pora•tWn ,, - ,j, 'ia organized and existing under the laws of the State of Connecticut and having its principal pfaceSsf)usinel�e m: d,a. •�•, Hartford, Connecticut, as Surety, hereinafter called Surety, are held and firmly bound unto --- . ( . ii 6'0 County of Weld, Colorado , e�.! (Here insert full name and address or legal title of Owner) o.1.p as Obligee, hereinafter called Owner, in the amount of Twenty nine thousand Five hundred Twenty— I`? _one and no/l0O _Dollars ($ 5 •00 --), I 4�,4 °'f q for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators,successors s•!'• and assigns,jointly and sevetatly, firmly by these presents. y7^ o I.e WHEREAS, Contractor has by written agreement daUR,l June 25, 1979 Ji. ° ° entered into a contract with Owner for Landscaping and Sprinkler Irrigation System for °A.: 1 s 1 Avenue,County Library, located at: 2227 Twenty—third , Greeley, CO y � Y .. , J! Boer and Roberts, 1125 Eighth St., , , in accordance with drawings`and specifications prepared by s;d 6^v'a 1 ' Greeley, Colorado 80631 o..! (Here insert full name and address or legal title of Architect) oa,e tr• which contract is by reference-made a part hereof, and is hereinafter referred to as the Contract. _, s 1. S-IBM Rev.3"77 PRIHTEO IN U.S.A. �tl.'Q O O._O O'.`r •.<J� Y-: V'C V.'.O J .0 P .`.-.. ._ .. .. `0. to �.. .. r.- ,,.4. JV1 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 waived 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 deter- mination 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 defaults under the contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of com- pletion 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 shalLacorusoa-.thiabondtaoafor..the use.of any person ox corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this 28th --day of June A. D. is 79 _ IN THE PRESENCE OF: MDRGAN NURSERY INC. n r Principal (Seal) Titth THE TRAVELERS INDEMNITY COMPANY (Surety) - (Seal) Lake - by £4W �` Q Susan M. Perry , Attorney-. -Pact 4rta - w.e •••.. '-'S' - o.•,r D.•e p,a y'.< S-c rc t< 4•,< .'..! '.c o^-o o• Io 1 MI---I TRAVELERS a '' a.• /n THE TRAVELERS INDEMNITY COMPANY • HARTFORD, CONNECTICUT a�� 4'. r, BOND NO. 710E0544 Ilik ; f el` •:'a LABOR AND MATERIAL PAYMENT BOND � °) ,se Approved by The American Institute of Architects s.i,r ,,i., } ., - ' THIS BOND IS JSB1JED SIMULTANEOUSLY WITH PERFORMANCE HOlID IN FAVOR OF THE 1, i - ' I. OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCk OF THE CONTRACT _ b. 00 ' KNOW ,ALL MEN BY THESE PRESENTS: - Ar That—MOB NURSERY INC., 2200 Reservoir Rd Greeley, Colorado' ., 01 I (Here insert full name and address or legal title of Contractor) i —gin if_ v..i.r as Principal, hereinafter called Principal, and THE TRAVELERS INDEMNITY COMPANY, a corporation, aI<re l� organized and existing under the laws of Connecticut and having its principal place of business in Hartford, a? }�,; ,. Connecticut, as Surety, hereinafter called Surety, are held and firmly bound unto ,£, Sp'a d';('o CounttTofic[eld, G0,1orado oEo (Here insert full name and address or legal title of Owner) .,< 4. ;t as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount }.e o.), C• . of Twenty-nine thousand Five hundred Twenty—one and B999 .00_ )221521.00 yA (Here insert a sum equal to at least one-half of the contract price) o!e , . i. i4 ,A for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,successors 1 and assigns,jointly and severally, firmly by these presents. ✓ ° WHEREAS, Principal has by written agreement dated June 25,1979 r ^ !• `, entered into a contract with Owner for Landscaping and Sprinkler Irrigatilon System ,i for Weld County Library, located at: 2227 Twenty-third Avenue, Greeley, 00 lR s.io 4, .4 Boer and Roberts,, 1125 Eighth St., ,,A, in accordance with drawings and specifications prepared by_ — I' Greeley, Colorado . 80631 rLa , (Here insert full name and address or legal title of Architect) e.ir y• 4t which contract is-by reference made a part hereof, and is hereinafter referred to as the Contract. o_,:, S-1834 Rev.3-77 PRINTED IN U.S.A. O 4 O.•.e 4'< ".C O'... i. e 0.".e 4,.^-.r ^."r 4Y.< s e ._ .. ..4°��• .0 IA. _- JJO 2l1 ayi 3Y�- .•:9 t'."4 .+l`. _ J�O .. . . ,:4 NOW, THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the per- formance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Prin- cipal 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, telephoneseriaaa 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 Such claimant's work or labor vdas done or.performedror materials were funninhed:by Much 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 exeeution-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 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 addressed to the Principal, Owner or Surety,_at any place where an office is regularly maintained for the transaction of timidness,,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 embodied in this bond is prohibited by any law controlling the construction hereof such)imitation 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 situated, 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:- - Signed and sealed this 28th —day of June _ -- --- _ IN THE PRESENCE OF: MORGAN NURSERY INC. ' - .`- Principal Title THE TRAVELERS INDEMNITY COMPANY (Surety) (Seal) ‘6R-A--Y1t c c a.. 'K In v�o_.wt.� by v -//- Susan M. Perry , Attor y-i -Fact The Travelers Indemnity Company Hartford, Connecticut , POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint --T- Douglas R. Campbell, Samuel Faucett, E. A. Houser, III, Alberto Paez, Susan M. Perry, W. T. Reavis, Larry Richardson, M. J. Saucier, Warren R. Withrow, all of Denver, Colorado, EACH its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings,recognizances, consents of surety or other written obligations in the nature thereof, as follows: �----- - Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and to bind THE TRAVELERS INDEMNITY COMPANY thereby,and all of the acts of said Attorney(s)- in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect: ARTICLE IV,SEcrroN 14. The Chairman of the Board, the President,the Chairman of the Finance Committee, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Corporate Secretary or any Department Secretary may appoint attorneys-in-fact or agents with power and authority,as defined or limited in their respective powers of attorney,for and on behalf of the Company to execute and deliver, and affix the seal of the Company thereto, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said officers may remove any such attorney-in-fact or agent and revoke the power and authority given to him. ARTICLE IV, SECTION 16. Any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the ' President, the Chairman of the Finance Committee, any Executive Vice President, any Senior Vice President, any Vice President or any Second Vice President and duly attested and sealed, if a seal is required, by the Cor- porate Secretary or any Department Secretary or any Assistant Corporate Secretary or any Assistant Department Secretary,or shall be valid and binding upon the Company when duly executed and sealed,if a seal is required, by a duly authorized attorney-in-fact or agent, pursuant to and within the limits of the authority granted by his or her power of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 30th day of November, 1959: VOTED: That the signature of any officer authorized by the By-Laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond. undertaking. recognizance or other written obligation in the nature thereof:such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. This power of attorney revokes that dated January 23, 1978 on behalf of Douglas R. Campbell, George D. Colip, Jr. , Samuel Faucett, E. A. Houser, III, Alberto Paez, Susan M. Perry, W. T. Reavis, Larry Richardson, M. J. Saucier, Warren R. Withrow IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 7th day of may 19 79. THE TRAVELERS INDEMNITY COMPANY S yNDEMN' Via.• l� By ≤: S EAL 3 d�"•st•�� •V Secretary, Surety State of Connecticut, County of Hartford—ss: On this ,- - _.. day of May in the year 1979 before me personally came D. J. Nash to me known, who, being by me duly sworn, did depose and say: that he resides in the State of Connecticut;that he is Secretary (Surety) of THE TRAVELERS INDEMNITY 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 authority of his office under the by-laws of said corporation, and that he signed his name thereto by like authority. _ • kting ll)iS / Notary Public cor•.:... My commission expires Nino% April 1, 1983 S-1869 Rev.4-78 Printed in U.S.A. (Over) CERTIFICATION I,Paul D. Tubach,Assistant Secretary(Surety)of THE TRAVELERS INDEMNITY COMPANY, certify that the foregoing power of attorney, the above quoted Sections 14. and 16. of Article IV of the By-Laws and the Resolution of'•the Board of Directors of November 30, 1959 have not been abridged or revoked and are now in full force and effect. Signed and Sealed at Hartford, Connecticut, this 28th day of June 19 79 . SSENH D. 7:Sack SEAL. � Assistant Secretary, Surety 5-1869 (BACK) TEMPORARY MEMORANDUr JF BODILY INJURY AND PROPERTY r`gMAGE LIABILITY INSURANCE INTERESTED PARTY County of Weld ADDRESS Greeley, Co. 80631. NAMED INSURED Morgan Nursery Inc. LIMITS OF LIABILITY AB 100/300/50 POLICY NO. F600-449-c30-06 DESCRIPTION OF AUTOMOBILE(S)INSURED Applies to all units in this Fleet Yes rNoo Policy Provides Employer's Non-Ownership Coverage Ellappa Policy La li Provides Hired Car Coverage ❑ lc] STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ❑ STATE FARM FIRE AND CASUALTY COMPANY Of Bloomington, Illinois, confirms that Bodily Injury and Property Damage Liability Insurance Is in force as of this date under the specified policy or policies on the described automobile(s). Such insurance as respects the interest of the interested party will not be cancelled or otherwise terminated without giving 10 days prior written notice to the interested party named herein,but in no event shall this memorandum be valid more than 30 days from the date written. aria PRESIDENT Memorandum written by �� — Date 7/2/ 1979 Authorized Representative 6768 Printed in U.S.A. Hello