HomeMy WebLinkAbout33 - J. Garlin Commercial FurnishingsAGREEMENT BETWEEN
THE COUNTY OF EAGLE. STATE OF COLORADO
E
J.• GARLIN COMMERCIAL FURNISHINGS
FURNITURE FOR THE
EAGLE COUNTY JUSTICE CENTER
THIS AGREEMENT, made this 1t� day of C �j .�. ,
1985; by and between the BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF EAGLE, STATE OF COLORADO, hereinafter referred to as
"Owner ", and J. GARLIN COMMERCIAL FURNISHINGS, hereinafter
referred to as "Contractor ".
W I T N E S S E T H:
WHEREAS, Owner is presently constructing the Eagle
County Justice Center located at 0605 East Chambers Avenue,
Town of Eagle, State of Colorado, hereinafter referred to as
the "Project "; and
WHEREAS, Owner desires, as part of such construction,
to contract with Contractor to procure, deliver'and assemble
furniture for the Project in accordance with the plans and
specifications, and any and all addenda issued thereto,
prepared by the Architects for the Project, W.C. Muchow &
Partners, Inc., and Walker McGough Foltz Lyerla, P.C., in joint
venture, hereinafter referred to as the "Architect ", as well as
all other bid documents relative to Bid Package No. 8 -
Furniture, Eagle County Justice Center.
NOW, THEREFORE, for and in consideration of the
mutual covenants, conditions, and promises contained herein,
the parties hereto agree hereby as follows:
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ARTICLE 1. SCOPE OF WORK.
Contractor agrees to procure deliver F.O.B.
up /assemble, at the location specified in Article 3
hereinbelow, all furniture identified and described in
Contract Documents.
ARTICLE 2. CONTRACT TIME.
and set
the
Contractor agrees to procure the furniture identified
in the Contract Documents in sufficient time for delivery and
set up /assembly on or about June 15, 1985. The exact date for
delivery and set up /assembly will be determined by Owner, and
Owner agrees to provide Contractor with notice thereof three
(3) weeks in advance of such delivery and set up /assembly date.
Contractor and Owner recognize that time is of the
essence of this Agreement and Owner will suffer financial loss
if the work contemplated herein is not completed within the
time specified in the paragraph next above, plus any extensions
thereof.
ARTICLE 3. LOCATION.
All furniture identified within the Contract
Documents will be delivered to the Project site or another
alternate location in close proximity to the Project site, the
determination of which will be made by Owner and provided to
Contractor prior to the delivery date.
ARTICLE 4. CONTRACT PRICE.
. Owner agrees to pay Contractor for the materials and
work herein undertaken to be furnished and performed in
accordance with the Contract Documents, the sum of Sixty -Four
Thousand Four Hundred Sixty -Two Dollars and Ninety -Nine Cents
($64,462.99), hereinafter referred to as the "Contract Price ",
which includes no State Sales Tax, the Project being exempt a
from all State nd local taxes; however, subject to additions
and deductions as provided in Article 6 hereinbelow.
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ARTICLE 5. PAYMENTS.
Payments made on account of the Contract Price shall
be as follows.,-
a) 25% of the Contract Price shall be due and payable as
of the date of execution of this Agreement by the
parties hereto.
b) 65% of the Contract Price shall be due and payable as
of the date of delivery of all of the furniture
identified within the Contract Documents.
c) 10 %, or the remainder, of the Contract Price shall be
due and payable concurrently with final settlement by
Owner in accordance with State statute; provided,
however, that no claims are duly presented to Owner
regarding the subject of this Agreement whereupon
Owner is required to withhold.sufficient funds
pursuant to law.
Contractor shall submit an invoice for payment to
Owner for each payment due in accordance with the
aforementioned payment schedule. Payment in accordance with
said payment schedule shall be made within fifteen (15) days
from Owner's receipt of Contractor's invoice. All payments for
work performed herein are contingent upon the satisfactory
progress of the work and the work itself being satisfactory to
Owner.
It is mutually agreed between the parties hereto that
no payment made under this Agreement, except the final payment
as provided hereinbelow, shall be conclusive evidence of the
performance of this Agreement, either in whole or in part, and
that no payment shall be construed to be an acceptance of
improper materials. The acceptance of Contractor of any final
payment made pursuant to this Agreement shall constitute a full
and complete release of Owner from any and all claims, demands
and causes of action whatsoever which Contractor, its
successors or assigns, have or may have against Owner under the
provisions of this Agreement.
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ARTICLE 6. CHANGES IN SCOPE OF WORK.
Contractor agrees to make any and all changes to
furnishing the materials that Owner may require without
nullifying this Agreement, at a reasonable addition to, or
reduction from, the Contract Price hereinabove established. NO
ALTERATIONS OR CHANGES SHALL BE MADE, HOWEVER, EXCEPT UPON
WRITTEN NOTICE OF OWNER. The amount to be paid by Owner, or
allowed by Contractor, by virtue of such alterations, shall be
stated in such written order.
ARTICLE 7. PAYMENT OF SUBCONTRACTS.
Contractor agrees to pay for all materials, skill,,
labor, and instrumentalities used in, or in connection with,
the performance of this Agreement, when and as bills or claims
therefor become due, and to save and protect the Project and
Owner from all claims on account thereof, and to furnish
satisfactory evidence to Owner, when and if required, that he
has complied with the above requirements.
ARTICLE 8. CONTRACTOR'S REPRESENTATIONS.
In order to induce Owner to enter into this
Agreement, Contractor further makes the following
representations:
(a) Contractor has examined and /or read all the
plans, specifications, materials and addenda prepared by
the Architect, for the entire work, of which the materials
and work covered by this Agreement is a part, and that he
will be bound by any and all parts of said plans,
specifications, materials and addenda insofar as they
relate to the material and work herein undertaken to be
furnished and performed.
(b) The materials to be furnished under this
Agreement will be in strict accordance with the
requirements of the plans, specifications and addenda, and
that samples of such materials and shop drawings required
will be furnished for the approval of the Architect and
Owner, and that all materials furnished shall be in strict
accordance with such approved samples and /or shop
drawings.
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(c) Contractor will comply with all Federal and
State laws, codes and regulations and all municipal
ordinances and regulations effective where the work is to
be performed under this Agreement, and to pay all fees and
expenses connected with such compliance.
ARTICLE 9. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire
Agreement are as follows:
(a) This Agreement.
(b) Plans, Sheet F1.1 (dated September 24, 1984), Sheets
F1.2, F1.3, F1.4 (all dated October 18, 1984),
prepared by the Architect.
(c) Project Marival, Eagle County Justice Center, Phase 8:
Furniture, dated January 14, 1985 and as revised
April, 1985; prepared by the Architect.
(d) Addendum No. 1 of Bid Pack 8 dated February 18, 1985;
prepared by the Architect.
(e) Addendum No. 2 of Bid Pack 8 dated February 22, 1985;
prepared by the Architect.
(f) Eagle County Justice Center, Phase 8: Furniture,
Instructions to Bidders, dated March 14, 1985;
prepared by Owner.
(g) Eagle County Justice Center, Phase 8: Furniture,
Supplemental Instructions to Bidders, dated March 14,
1985; prepared by Owner.
(h) Eagle County Justice Center, Phase 8: Furniture, Bid
Proposal, dated March 14, 1985; including the
completed Project Manual and letter dated March 25,
1985, regarding discounts; prepared by the
Contractor.
(i) Notice of Award dated April 15, 1985;
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(j) Any modifications, including change orders, duly
delivered after execution of this Agreement.
The Contract Documents are by reference hereto made a
part of this Agreement the same as if fully written herein. In
the event of any conflict, inconsistency, or incongruity of the
Contract Documents and this Agreement, the provisions contained
in this Agreement shall in all respects govern and control.
ARTICLE 10. INSURANCE.
Contractor shall, at its own cost and expense,
maintain in full force and effect during the term of this
Agreement, such insurance as will protect him from claims set
forth below which may arise out of or result from the
Contractor's operations under this Agreement, whether such
operations be by himself or by any subcontractor or by anyone
directly or indirectly employed by any of them, or by anyone
for whose acts any of them may be liable:
(a) Claims under workers' or workmen's compensation,
disability benefit and other similar employee benefit
acts;
(b) Claims for damages because of bodily injury,
occupational sickness or disease, or death of his
employees;
(c) Claims for damages because of bodily injury,
sickness or disease, or death of his employees;
(d) Claims for damages insured by usual personal
injury liability coverage which are sustained: (1) by any
person as a result of an offense directly or indirectly
related to the employment of such person by Contractor; or
(2) by any other person;
(e) Claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property, including loss of use resulting therefrom; and
(f) Claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
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The insurance required immediately next above shall
be for not less than the public liability limits imposed upon
Owner, or as generally required by law, whichever is greater,
and as applicable.
The Certificates of Insurance acceptable to Owner
shall be filed with Owner prior to commencement of the work
contemplated herein. These Certificates shall contain a
provision that coverages afforded under the policies will not
be cancelled until at least thirty (30) days' prior written
notice has been given to Owner.
ARTICLE 11. WARRANTIES.
Contractor warrants to Owner that all materials
furnished under this Agreement will be new - unless otherwise
specified, and that all work will be of good quality, free from
all faults and defects and in conformance with the Contract
Documents. All materials and work not conforming to these
requirements, including substitutions not properly approved and
authorized, may be considered defective.
All written warranties on the materials furnished
hereunder shall be properly transferred and delivered to Owner
concurrent with final settlement.
ARTICLE 12. MISCELLANEOUS PROVISIONS.
Neither Owner nor Contractor shall delegate and /or
assign its duties and /or rights under this Agreement without
the prior written consent of the other. Any such delegation
and /or assignment shall be null and void.
The laws of the State of Colorado and the rules and
regulations issued pursuant thereto shall be applied in the
interpretation, execution and enforcement of this Agreement.
Any covenant, condition, or provision herein contained that is
held to be invalid by a court of competent jurisdiction shall
be considered deleted from this Agreement, but such deletion
shall in no way affect any other covenant, condition, or
provision herein contained so long as such deletion does not
materially prejudice the respective parties hereto and the
respective rights and obligations contained in the valid
covenants, conditions, or provisions of this Agreement.
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This Agreement contains the entire agreement between
the parties and supersedes any and all prior agreements,
proposals, negotiations, and representations pertaining to the
work to be performed hereunder. No amendments or modifications
of this Agreement shall be binding unless evidenced in writing
and signed by and on behalf of the parties.
All covenants, conditions and provisions in this
Agreement shall extend to and bind the legal representatives,
successors, and assignees of the respective parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the day and year first above written.
OWNER:
,i, COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
ATTEST:', BOARD OF COUNTY COMMISSIONERS
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BY`1 /_. ?.�� QAz
By -�
lerk of the Board of David E. Mott, Chairman
'County Commissioners Address: P.O. Box 850
Eagle, Colorado 81631
Telephone: (303) 328 -7311
CONTRACTOR:
ATTEST : 6 R L 10 Cp M OQ C Ii L r-th AJ )9%/, 4
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By:
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