HomeMy WebLinkAboutC87-021 James Plank for work at McDonald BuildingC87-21-27
AGREEMENT
THIS AGREEMENT is entered into this _O_ day of
February, 1987, by and between The County of Eagle, State of
Colorado, by and through its Board of County Commissioners
(hereinafter referred to as "the County"); and James F. Plank
(hereinafter referred to as "Contractor").
The County and Contractor, in consideration of the mutual
covenants hereinafter set forth, agree as follows:
ARTICLE I. WORK
The location of the work is the McDonald Building at 550
Broadway, Eagle, Colorado.
Contractor shall complete all work as specified or
indicated in the Contract Documents. The work is generally
described as follows: Interior painting of all ceilings on
the first floor, and all new sidewalls on the first and second
floors; Matching stain, sealing, puttying nail holes, and
varnishing new woodwork; Texture painting flat spots on walls.
Ceiling and wall paint will be furnished by the County.
Texture paint, stain, putty, caulking, sealer, varnish, and
all tools will be furnished by the Contractor.
ARTICLE II. COMPLETION OF WORK.
All work must be completed by February 16, 1987, at
8:00 A.M.
ARTICLE III. COUNTY'S REPRESENTATIVE
The Eagle County Building & Grounds Supervisor, or in his
absence, the Eagle County Public Works Director, is designated
as the County's representative for purposes required in the
Contract Documents.
ARTICLE IV. CONTRACT PRICE.
The County shall pay the Contractor for performance of
the work in accordance with the Contract Documents, by Eagle
County Warrant, the total price of Six Hundred Seventy -Five
Dollars ($675.00).
ARTICLE V. MANNER OF PAYMENT.
A. The County agrees to make a payment of ninety percent
(90%) of the total contract price after completion of the work
by Contractor and inspection by the County representative
through the County's regular bill -paying procedure. The
inspection by the County representative shall be made promptly
upon notification by Contractor that the work is complete. If
during the course of the inspection the County representative
notes any deficiencies or defects in the work, he shall
provide the Contractor with a written list of such defects or
deficiencies in the work and Contractor shall promptly correct
all defects or deficiencies. The above-described payment
shall not be made until the defects or deficiencies are
corrected and have been reinspected by the County's
representative.
B. Ten percent (10%) of the total price shall be re-
tained by the County, and shall not be paid until after final
settlement of this contract has been duly advertised at least
ten (10) days prior to such final payment, by publication of
notice thereof at least twice in a public newspaper of general
circulation published in Eagle County; and after the Board of
County Commissioners has held a public hearing and has there-
upon complied with Section 38-26-107 of the Colorado Revised
Statutes. Final payment shall be made in accordance with the
aforesaid statute.
C. No work shall be done which changes the amount owed
to Contractor by the County unless authorized in writing by
change order, signed by the County's representative.
D. Prior to and before any of the above payments by the
County to Contractor, Contractor shall furnish a sworn affida-
vit containing the names of any employees and/or subcontrac-
tors and a statement that they have been paid in full to date.
Any subcontractor shall be required to also furnish a sworn
statement with regard to the payment of his employees. Before
the final payment is made, proof of payment for all materials
by sworn affidavit of Contractor or other form acceptable to
the County shall be presented to the County.
ARTICLE VI. CONTRACTOR'S REPRESENTATIONS
In order to induce the County to enter into this Agree-
ment, Contractor makes the following representations:
A. Contractor has familiarized himself with the nature
and extent of the contract documents, work, locality, and with
all local conditions and federal, state and local laws,
Im
ordinances, rules and regulations that in any manner may
affect cost, progress or performance of the work.
B. Contractor has conducted an on-site inspection of the
work and has studied the existing conditions at the work site
or otherwise affecting the cost.
C. Contractor has made or caused to be made examina-
tions, investigations and tests as he deems necessary for the
performance of the work at the contract price, within the
contract time and in accordance with the other terms and
conditions of the Contract Documents.
D. Contractor has correlated the results of all such
observations, examinations, investigations, tests, reports and
data with the terms and conditions of the Contract Documents.
E. Contractor warrants and guarantees all work and
material supplied to the County for a period of one year.
Such warranty shall be independent of and in addition to the
warranty of any manufacturer of any materials used in the
work.
ARTICLE VII. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agree-
ment between the County and Contractor are attached to this
Agreement, made a part hereof and consist of the following:
A. This Agreement.
B. Contractor's Bid.
There are no Contract Documents other than those listed above
in this Article VII. The Contract Documents may only be
altered, amended or repealed by a modification in writing
signed by Contractor and the Board of County Commissioners.
ARTICLE VIII. MISCELLANEOUS
A. No assignment by a party hereto of any rights under
or interests in the Contract Documents will be binding on
another party hereto without the written consent of the party
sought to be bound; and specifically but without limitation,
moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to
an assignment, no assignment will release or discharge the
-3-
assignor from any duty or responsibility under the Contract
Documents.
B. Owner and Contractor each binds himself, his part-
ners, successors, assigns and legal representatives in respect
to all covenants, agreements and obligations contained in the
Contract Documents.
C. Prior to commencing work, Contractor shall furnish to
the County Attorney a certificate of insurance showing liabil-
ity insurance and workmen's compensation in an amount satis-
factory to the County Attorney.
IN WITNESS WHEREOF, the parties hereto have signed this
Agreement this day of February, 1987.
CONTRACTOR
ames F. Plank
P.O. Box 995
Eagle, Colorado 81631
Telephone: 328-1016
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COUNTY OF
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STATE OF
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COUNTY COMMISSIONERS
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CONTRACTOR
ames F. Plank
P.O. Box 995
Eagle, Colorado 81631
Telephone: 328-1016
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James F. Plank
P.O. Box 995
Eagle, Colorado 81631
Phone 328-1016
January 19, 1987
Proposal
The McDonald Building -550 Broadway
I propose to do interior painting of ceilings and sidewalls,
matching stain (as close as possible) , sealing, puttying
nailholes and varnishing new woodwork. Also texture painting
some flat spots in walls on stairway.
Proposed work shown to me by Mike Bradley on January 16, 1987.-
1. Ceiling and wall paint to be furnished.
2. Texture paint, stain, putty, caulking, sealer and varnish
to be furnished by me.
Bid for labor and materials mentioned on 2.---------$675.00
Thank You for this consideration.
Total bid
Sincerely,
T•
$675-00