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Home My WebLink AboutC87-036 Heinz Weiland for work at McDonald BuildingC87-36-27" Uel ' :rlul�l►N THIS AGREEMENT is entered into this :7.3 `0 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 Heinz A. Weiland (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: Preparation and painting of entry lobby and two (2) walls along the north and south stairwells to wallpaper at top and doors at bottom, including two (2) new walls, all ceilings, wall pipes and conduits; preparation to include matching stain, sealing, and puttying nail holes. Texturing shall be provided where necessary. newly installed trim and doors at two (2) new walls shall be stained and varnished. 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 March 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 Nine Hundred Eight and no/100 Dollars ($908.00). r 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, -2- 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. i w ATTEST: By: k to the Boa"rd o ty Commissioners Zr. By: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF UNTY COMMISSIONERS Address:C P.O. E Eagle; Telephone: (303 CONTRACTOR G unairman 50 81631 28-7311 Heinz A. Weiland P.O. Box 762 Vail, -Colorado 81658 Telephone: -4-