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HomeMy WebLinkAboutC84-002 Dennison Painting ServiceAGREEMENT HIS AGREEMENT is dated as of the o�day of , in the year 1984 by and between EAGLE COUNTY, here a t called County, and DENNISON PAINTING SERVICE, here- in a ter c led 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 the following buildings or structures at the Eagle County Fairgrounds, Eagle Colorado: the exterior of the ticket booth, the exterior of the concession booth, the interior and exterior of the grandstands (wood only), and the fence around the large arena. The ticket booth, concession booth, and grandstands are to be painted with a flat white latex enamel. The fence must be painted with a latex flat green to match the existing color. All areas to be painted must be first scraped, sanded, etc., to remove all loose and flaking paint. All bare wood must have at least one primer coat. Contractor shall be responsible for furnishing of all tools and materials required. ARTICLE 2. COMPLETION The work will be completed by July 31, 1984. ARTICLE 3. COUNTY'S REPRESENTATIVE The EAGLE COUNTY BUILDING & GROUNDS SUPERVISOR, or in his absence the EAGLE COUNTY MANAGER, 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 Four Thousand Two Hundred Fifty Dollars and No Cents ($49250.00). ARTICLE 5. MANNER OF PAYMENT A. The County agrees to make a payment of 90% of the total price upon completion of the work by the Contractor and inspection by the County representative. 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 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. B. 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. C. No work shall be done which changes the amount owed to the 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 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. 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, -2- made a part hereof and consist of the following: 7.1 This Agreement 7.2 Invitation to Bid (captioned "Bid" and marked Exhibit A and attached hereto) 7.3 Contractor's Bid (captioned "Statement" and marked Exhibit B and attached hereto) 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 in writing signed by the Contractor and the Board of County Commissioners. 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 assignment will release or discharge the assignor from any duty or responsibiity 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. 8.3 Prior to commencing work, Contractor shall furnish to the County Attorney a certificate of insurance showing liability insurance and workmen's compensation in an amount satisfactory to the County Attorney. 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. EAGLE COUNTY, COLORADO By:�I- ( SEAL) ATTEST-:-. Addre for giving notices P.O. Box .850 Eagle, Colorado 81631 CONTRACTOR-DENNISON PAINTING COMPANY ATTEST: Address for giving notices P.O. Box 27 Eagle, Colorado 81631 -3- :V Eagle County will be accepting bids for painting the Grandstands, Ticket Booth, Concession Booth and the fence around the arena at the Eagle County Fairgrounds. All work must be done by July 31, 1984. PREPERATION: All areas to be painted must first be scraped, sanded, etc. to remove all loose and flaking paint. All bare wood must have one primer coat. PAINT: The paint must be a flat white latex enamel with a guaranteed life of from 5 to 8 years. With your bid, include your warranty or workmanship. 1. Ticket booth: Paint exterior only 2. Concession booth: Paint exterior only 3. Grandstands: (Wood only) paint inside and outside 4. Fence around lar e Arena: Paint all sides. the fence must be painted �oith latex flat green to match existing color. The Board of County_ Commissioners may accept or reject all or part of the bidded items. With your bid, provide proof of Workmens Comp. and general public liability insurance. If this is not included in your bid, it will not be considered. All bids are due back by June 6, 1984 at 10:00 A.M. Bids should be addressed to: Eagle County Department of Public Works P.O. Box 850 Eagle, CO 81631 Attn: Mike Bradley If you have questions, please call (303) 328-7311, ext. 266 Thank You, Mike Bradley, Grounds & Buildings Supervisor �eAlAl)So�/ _%_NL;i&la c _ �WII;2 3 ESL w4. 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