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HomeMy WebLinkAboutC82-040 Thomas Mahoney dba Buddha Painting ServiceAGREEMENT This agreement is dated as of the &/- day of 1!5L&44e&= in the year 19 .9,,z by an between Eagle County, herinafter called County, and Thomas P. Mahoney, doing business as Buddha Painting Service, hereinafter called Contractor. County and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows: surface preparation to receive paint and painting of all interior walls, ceilings and woodwork in the interior of Eagle County Courthouse with the exception of the interior of vaults, the law library, and garage. Contractor shall be responsible for furnishing of all tools and materials required. ARTICLE 2. COMPLETION lw� The work will be completed by 8:00 A.M. November 15, 1982. Contractor understands that work is to be done after normal business hours except for areas in which operations are conducted on a twenty-four hour basis. ARTICLE 3. COUNTY'S REPRESENTATIVE The EAGLE COUNTY PURCHASING AGENT, or in his absence the County Administrator, is designated as the County's representative for purposes required in the contract documents. ARTICLE 4. CONTRACT PRICE The County shall pay the Contractor for performance of the work in accordance with the contract documents in current funds the total price of ($17,666.00) seventeen thousand six hundred sixty-six dollars and no cents. 11"Ov ARTICLE 5. PAYMENT PROCEDURES A. The County agrees to make payments to the Contractor as follows: 40% of the total price shall be paid to the Contractor within ten days of the start of work. (Such payment will not be paid unless Contractor is diligently performing work on a regular basis. If contractor is not diligently performing work on a regular basis, such payment will be withheld until the work is being so performed.) B. The County agrees to make a further payment of 50% of the total price upon completion of the work by the Contractor and inspection by the County repre- sentative. The inspection by the County representative shall be made promptly upon notification of the Contractor that the work is complete. If during the course of the inspection the County representative notes any W deficiencies or defects in the work, he shall provide the Contractor with a written list of such defects or deficiencies in the work and the 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 re -inspected by the County's representative. C. 10% of the total price shall be retained by the County for a period of 30 days after the final completion of the work and acceptance by the County's representative. If during this thirty -day period any previously undiscovered defect or deficiency comes to the attention of the County, the County shall notify the Contractor in writing by certified mail, who shall correct the deficiency or defect. Thirty days after the completion and acceptance of work or upon the completion of the correction of any defect or deficiency of which notice is given to the contractor within the thirty days after completion, whichever comes later, the balance of the total price shall be paid by the County to the Contractor. D. No work shall be done which changes the amount owed to the Contractor by the County unless 1140� authorized in writing by change order, signed by the County's representative. `■W E. Prior to and before any of the above payments by the County to the Contractor, Contractor shall furnish a sworn affidavit containing the names of any employees and/or subcontractors 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 the Contractor or other form acceptable to the County shall be presented to the County. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce the County to enter into this Agreement, Contractor makes the following representations: 6.1 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, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the work. 6.2 Contractor has conducted an on -site inspection of the work and studied carefully the existing conditions at the work site or otherwise affecting the cost. 6.3 Contractor has made or caused to be made examinations, 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. 6.4 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the contract documents. 2 r cm 6.5 Contractor warrants and guarantees all work and material supplied to 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 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the County and Contractor are attached to this agreement, made a part hereof and consist of the following: 7.1 This Agreement 7.2 D f 7 vv.iu ar/Fi rf P�/�i /iICNLL 7.3 Notice Tof^Award ^ A.y.�i"+r�% ���/.✓? 7.4 Painting Bid - Specifications - General Conditions 7.5 Specifications 7.6 Contractor's Bid 7.7 Painting Bid Cost Sheet There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in Section 1 of the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 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 asignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.2 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER AND CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. EAGLE 'QOUNTY, rOLORADO Im SEAL Attest 1.t- - Address for giving notices P.O. Box 850 Eagle, Colorado 81631 CONTRACTOR -Buddha P 'nting ervic By z/Thomas �P. Mahoney, Owner k' 752 ////mmissiu�ires 5. 1924 Attes X,� 11— Address for g��g "nil it ces P.O. Box 778 Eagle, Colorado 81631 n, n Cw�