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HomeMy WebLinkAboutC81-009 Brent ServiceCONTRACT BETWEEN `ft� THE COUNTY OF EAGLE, STATE OF COLORADO AND BRENT SERVICE ELECTRICAL WORK ON EAGLE COUNTY OFFICE BUILDINGS THIS CONTRACT is made and entered into this_day of June, 1981, by and between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners, hereinafter referred to as the "Board" and Brent Services, hereinafter referred to as "Brent". WHEREAS, the Board has the legal authority pursuant to §§ 30-11-101, 30-11-104, and 30-11-107, respectively, C.R.S. 1973, as amended, to make all contracts and do all other acts in relation to the property and concerns necessary to the exercise of the County's corporate or administrative powers, and to build and keep in repair county buildings; and WHEREAS, it has been brought to the attention of the Board that certain Eagle County office buildings commonly known as the Library Building, the Castle Peak Building and the McDonald Building, are in need of electrical repair work in order to be in compliance with the rules and regulations "11-%� of the Town of Eagle, Colorado, including the National Elec- trical Code., 19.7.8 , as amended; and WHEREAS, the Board desires to enter into a contract for the purpose of repairing, replacing, and/or upgrading of the present major electrical system within those County office buildings referred to hereinabove; and WHEREAS, after the request for the submittal of bids from qualified applicants as prescribed by law and the review of such bids, the Board desires to enter into a contract with 11 . lv f Brent for said electrical work on the above County office buildings. `%0.� NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto agree hereby as follows: SCOPE OF WORK The scope of work contemplated under the provisions of this contract shall be as follows: A. McDonald Building: 1. Overhead service to attach to east center of McDonald Building by Holy Cross; 2. Service entrance to be surface mounted on outside of building and into utility room in basement; 3. Metering as per Holy Cross specifications; 4. Distribution panel to handle following sub feeds: 1. Emergency lighting panel 2. Basement 3. First Floor 4. Second Floor 5. Future remodel of gym for office space 6. Boiler room; 5. Modify and add to existing panels on basement floor, to comply with the National Electrical Code, 1978, as amended; and 6. Check existing service wiring and bring it into compliance with the National Electrical Code, 1978, as amended, '(Grounds -load -color code -etc.). B. Castle Peak Building: 1. Replace existing service on northeast side of building; 120/240 volt single phase; 2. Replace existing EMT couplings and connectors with approved type; -2- �J 3. Roof conduit shall be mounted on redwood blocks. 4. Replace existing panel in utility room with panel to meet National Electrical Code, 1978, as amended; 5. Check existing utility room wiring and bring it into compliance with the National Elect- rical Code, 1978, as amended, (Grounding -color code -loading etc.). C. Library Building: 1. To replace existing underground cable with new, to carry 100 amp. single phase 120/240 11"MV volt per the National Electrical Code, 1978, as amended; and 2. Replace existing panel with one removed from Castle' Peak Building. lftw� Brent shall furnish, except as otherwise provided, at its own cost and expense, all labor, services, material and work for the performance and completion of the work pro- posed to be done under this agreement. Brent shall perform and complete the same in a thorough and workmanlike manner, and in conformance and compliance with the National Electrical Code, 1978, as amended, and the applicable rules and regulations of the Town of Eagle, Colorado. SECTION TWO PERMITS AND INSPECTIONS Brent shall be required to obtain any and all permits -3- on and arrange for all inspections required by the Town of Eagle or any other governmental entity relative to the per- formance and completion of the work to be done herein. Copies of all permits and inspection reports received by Brent shall be available for inspection upon request by the Board. SECTION THREE COMPENSATION The Board shall pay to Brent for the performance of the work specified in this contract not to exceed ten thousand nine hundred and ninety-five dollars ($ 10,995.00), and Brent shall accept as full compensation therefore, the following sums and prices for all work, payment thereof to be made in the following manner indicated: a) Completion of the scope of work relative to the McDonald Building - $ 7,100.00 b) Completion of the scope of work relative to the Castle Peak building - $ 2,975.00 c) Completion of the scope of work relative to the Library building - $ 920.00 Completion for purposes of payment hereunder shall mean the approval and acceptance by the Town of Eagle of the work performed by Brent under this contract evidenced by a rough inspection report signed by the Town of Eagle. Said rough inspection report shall accompany the bill from Brent for work performed relative thereto. Payment on approved billings shall be made within fifteen (15 ) days of receipt of the respective billing by the Board. The total fee of ten thousand nine hundred ninety-five dollars ($ 10,995.00) referred to hereinabove shall be binding upon Brent and shall not be exceeded unless expressly agreed to by the Board in writing. No additional costs, expenses -4- E5 and/or charges entailed by Brent in the performance of this agreement shall be reimbursed by the Board unless expressly 1%00, authorized by the Board in writing. Said total fee and any partial payments thereof referred to hereinabove are only a maximum amount and do not represent a commitment or guarantee on the part of the Board to pay such amount unless it has been determined to be allowable by applic- ation of criteria established herein. All payments for work done herein are contingent upon the satisfactory progress of the work and the work itself being satisfactory to the Board. The acceptance by Brent of any final payment made on this agreement shall constitute a full and complete release of the Board from any and all claims, demands, and causes of action whatsoever which Brent, its successors or assigns have or may have against the Board under the provisions of this agreement, except as otherwise provided for in this agreement. The Board shall be entitled to withhold the final ten percent (10%) of the contract price until final settlement of this contract has been duly advertised at least ten 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 the Board has held a public hearing thereon. SECTION FOUR COMPLETION DATE The work shall be completed August 15, 1981. SECTION FIVE RELEASES Prior to any payments referred to in Section Three hereinabove, Brent shall furnish the Board evidence in a form -5- 144WP� satisfactory to the County Attorney, that all persons and/or entities who have furnished labor, materials, supplies or other services used -or consumed by Brent in or about the work contracted to be performed under this contract and for which payment from the Board is requested, have been fully paid for same, and further have released Brent from any further claims or liability relative thereto. SECTION SIX TERMINATION If, through any cause, Brent shall fail to fulfill in timely and proper manner its obligation under this contract, or if Brent shall violate any of the covenants, agreements, or stipulations of this contract, the Board shall thereupon have the right to terminate this contract by giving written notice to Brent of such termination and specifying the effective date thereof, at least ten days before the effective date of such termination. In any event, Brent shall be entitled to receive just and equitable compensation for any satisfactory work completed pursuant to this contract. Notwithstanding the above, Brent shall not be relieved of liability to the Board or its respective County for any damages sustained by the Board by virtue of any breach of ""WW the contract by Brent, and the Board may withhold any payments to Brent for the purpose of set-off until such time as the exact amount of damages due to the Board from Brent is deter- mined. SECTION SEVEN LIABILITY FOR DAMAGES The Board, its officers, agents, or employees, shall not in any manner be answerable or responsible for any loss or damage to the work or to any part thereof; to any materials, 9� equipment, or other property that may be used or employed therein, or placed on the worksite during the progress of `..✓ the work; for any injury done or damages or compensation required to be paid under any present or future law, to any person, whether an employee of Brent or otherwise; or for any damage to any property occurring during or resulting from the work. Brent shall indemnify the Board, its officers, agents and employees, against all such injuries, damages, and com- pensation arising or resulting from causes other than the Board's neglect, or that of its officers, agents or employees. SECTION EIGHT APPLICABLE LAW 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 contract. Any covenant, condition, or provision herein contained that is held to be invalid by the court of competent jurisdiction shall be considered deleted from this contract, but such deletion shall in no way affect any other covenant, condition, or pro- vision 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 '4%0� covenants, conditions, or provisions of this contract. SECTION NINE ASSIGNABILITY Brent shall not assign, transfer, convey, pledge, sublet or otherwise dispose of this contract without the prior written consent of the Board. \9� SECTION TEN AMENDMENTS 111' This contract supersedes all proposals, oral or written, and negotiations, conversations or discussions here- tofore had between the parties related to this contract. This contract shall not be deemed or construed to be modified, amended, rescinded, cancelled or waived, in whole or in part, except by written amendment signed by the parties hereto. SECTION ELEVEN GUARANTEE OF WORK Brent agrees to guarantee all work done under this contract for a period of six months from the date of final settlement thereof. If any unsatisfactory condition or damage develops within the time of this guarantee due to materials or workman- ship that are defective,.inferior, or not in accordance with the contract, Brent shall, when notified by the Board, immedi- ately place such guaranteed work in a condition satisfactory to the Board and make repairs of all damage to the equipment and grounds made necessary in the fulfillment of the guarantee. If Brent fails to proceed promptly to comply with the `�✓ terms of any guarantee under this agreement, Brent agrees that the Board may have such work performed as it considers necessary to fulfill such guarantee and may allow the damaged or defective work to remain as it is. In the first instance, Brent shall promptly pay the Board such funds as were expended in fulfilling the guarantee; in the second instance, Brent shall promptly pay the Board such sums of money as it would have been neces- sary to expend to fulfill them. Usual wear and tear and the results of accidents not chargeable to Brent or its agents are excepted from the above requirements. Everything necessary LEI for the fulfillment of any guarantee must be done without any expense to the Board. SECTION TWELVE ADDITIONAL CONDITIONS 1. Prior to the commencement of any work on the electrical system for the computer system and air condition- ing unit, Brent shall submit specifications for the work contemplated thereto and shall receive prior approval of such specifications by the Board or its designated repre- sentative. The electrical work for the computer system and air conditioning unit may be commenced and completed in phases with prior approval by the Board or its designated representative of each individual phase and. the specifi- cations relative thereto. 2. Except as otherwise provided herein, any notice, approval, acceptance, request, bill, demand or statement hereunder from either party to the other shall be in writing and shall be deemed to have been given upon the mailing of said notice by United States certified, first-class mail, postage prepaid, and addressed to the parties at the respec- tive addresses as shall appear herein or upon a change of address pursuant to this notice provision. 3. All covenants, conditions and provisions in this contract 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 contract on the day first above written. ATTEST: By: o.erk of the $turd- of ounty Commissioners F COUNTY OF EAGLE, STATE OF COLOR.ADO By and through its BOARD 0 COUNTY COMMISSIONERS By: CO ., C,3?1 Da e F. Grant, Chairman P.O. Box 850 Eagle, Colorado 81631 Phone: 31 8 - 7 311 BRENT RV/ICES By. Brent Gypsum, Colorado 81637 \%W� ,SNOW RELEASE OF CLAIMS , Colorado , 1981 For a valuable consideration, the undersigned hereby releases unto Brent Service and the owner of the hereinafter described property, and to the heirs, executors, administrators, successors or assigns of Brent Service and such owner, all right of the undersigned to claim any interest, damages, liabilities or causes of action of any nature whatsoever for labor, services, machinery, tools, equipment or materials heretofore furnished to date, for the construction, alteration, 114w/ improvement, addition to or repair of the structures and the improvements therein known as the Eagle County office buildings, 550 Broadway, Eagle, Colorado, 81631, also commonly referred to as the McDonald Building, the Castle Peak Building, and the Library Building. Namw/ By: NAME OF PERSON/ENTITY: (Name and Position)