HomeMy WebLinkAboutC81-053 Cedar Valley ElectricI!!
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CONTRACT
BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
CEDAR VALLEY ELECTRIC
ELECTRICAL WIRING WORK - EAGLE COUNTY COMPUTER ROOM -
CASTLE PEAK BUILDING, EAGLE, COLORADO
THIS CONTRACT is made and entered into this % day
of December, 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
"County" and Cedar. Valley Electric, hereinafter referred to
as "CVE".
WHEREAS, the County has the legal authority pursuant
to §§ 30-11-1019 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
County that the County's computer room located in the Castle
Peak Building, Eagle, Colorado, is in need of electrical
,14� wiring work to service the County's computer system; 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
EVE for such electrical wiring work in the County's computer
room as set forth hereinbelow.
NOW, THEREFORE , f or and in cons iderat ion of the mutual
covenants, conditions, and promises contained herein, the
parties hereto agree hereby as follows:
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SECTION ONE
SCOPE OF WORK
The Contractor shall furnish, except as otherwise
provided, at its sole cost and expense, all labor, supervision,
tools, rigging, services, material and work for the construction
and completion of the work proposed to be done under this
contract. Contractor shall construct and complete the same
in a thorough, workmanlike, and substantial manner in every
respect to the satisfaction and approval of the Owner or its
designated representative, within the time specified herein,
and in accordance with the proposal of CVE dated October 5,
1981, attached hereto as Exhibit "A" and incorporated herein
by this reference, the Additional Specifications attached
hereto as Exhibit "B" and incorporated herein by this refer-
ence, and the location of such electrical wiring work contemplated
herein as set forth in the drawing attached hereto as Exhibit
"C" and incorporated herein by this reference. In addition
to the foregoing, all work proposed to be done under this
contract shall be in strict accordance and compliance with
the National Electrical Code, 19 78 , as amended, all applicable
rules and regulations of state and local governmental entities
to include the Town of Eagle, Colorado, and the County of
Eagle, Colorado, and the Wang Specifications as outlined in
Chapters 3 and 4, respectively, therein, a copy of which is
attached hereto as Exhibit "D" and incorporated herein by
this ref erence .
The parties hereto expressly agree that in the event
of any irreconcilable conflict, inconsistency, or incongruity
between the provisions contained in this contract document
and any of the provisions contained in any of the Exhibits
attached hereto, the provisions contained in this contract
document shall in all respects govern and control.
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SECTION TWO
PERMITS AND INSPECTIONS
CVE shall be required to obtain any and all permits
and arrange for all inspections required by the Town of
Eagle or any other governmental entity relative to the
performance and completion of the work to be done herein.
Copies of all permits and inspection reports received by CVE
shall be available for inspection upon request by the County.
SECTION THREE
COMPENSATION
Upon completion of the work specified in this contract,
the County shall pay to CVE an amount not to exceed one
thousand seven hundred dollars ($ 1,700.00).
Completion for purposes of payment hereunder shall mean the
approval and acceptance by the Town of Eagle of the work
performed by CVE under this contract evidenced by a final
inspection report signed by the Town of Eagle, and, in addition,
the approval and acceptance by the County of the work performed
by CVE under this contract. Payment on approved billings shall
be made within ten (10) days of receipt of the respective
billing by the County.
The total fee of one thousand seven hundred
dollars ($ .1,700.00) referred to hereinabove shall be binding
upon CVE and shall not be exceeded unless expressly agreed to
by the County in writing. No additional costs, expenses
and/or charges entailed by CVE in the performance of this
agreement shall be reimbursed by the County unless expressly
authorized by the County in writing.
Said total fee is only a maximum amount and does -not
represent a commitment or guarantee on the part of the County
to pay such amount unless it has been determined to be allowable
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by application of criteria established herein. All payments
for work done herein are contingent upon the satisfactory
*4800, progress of the work and the work itself being satisfactory
to the County.
The acceptance by CVE of any final payment made on
this agreement shall constitute a full and complete release
of the County from any and all claims, demands, and causes
of action whatsoever which CVE, its successors or assigns
have or may have against the County under the provisions of
this contract, except as otherwise provided for in this
contract.
SECTION FOUR
COMPLETION DATE
The work shall be completed on or before
SECTION FIW
TERMINATION
If, through any cause, CVE shall fail to fulfill in
timely and proper manner its obligation under this contract,
or if CVE shall violate any of the covenants, agreements, or
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stipulations of this contract, the County shall thereupon
wfto� have the right to terminate this contract by giving written
notice to CVE of such termination and specifying the effective
date thereof, at least ten days before the effective date of
such termination. In any event, CVE shall be entitled to
receive just and equitable compensation for any satisfactory
work completed pursuant to this contract.
Notwithstanding the above, CVE shall not be relieved
of liability to the County for any damages sustained by it
by virtue of any breach of the contract by CVE, and the
County may withhold any payments to CVE for the purpose of
set-off until such time as the exact amount of damages due
to the County from CVE is determined.
SECTION SIX
LIABILITY FOR DAMAGES
The County, 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,
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 CVE or otherwise; or for any
• damages to any property occurring during or resulting from
the work. CVE shall indemnify the County, its officers,
agents and employees, against all such injuries, damages,
and compensation arising or resulting from causes other than
the county's neglect, or that of its officers, agents or
employees.
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SECTION SEVEN - ....... _._...... _ - _.. .
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 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
ter' covenants, conditions, or provisions of this contract.
SECTION EIGHT
ASSIGNABILITY
CVE shall not assign, transfer, convey, pledge, sublet
or otherwise dispose of this contract without the prior written
consent of the County.
SECTION NINE
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INSURANCE
CVE shall not commence work under this contract until
it has obtained all insurance required under this Section Ten.
Likewise, .CVE shall not allow any approved subcontractor to
commence work on its subcontract until all similar insurance
required of subcontractor has been obtained and approved by
the County. The following insurance shall be required:
1. Workman's compensation insurance for all EVE's
employees engaged in work at the site of the
project; and
2. Public liability and property damage insurance to
protect CVE and all of his approved construction
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`400,
subcontractors from claims for damages for personal
injury, accidental death, and damage to property,
in sufficient amounts as approved by the County.
SECTION TEN ,
'AMENDMENTS
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
CVE agrees to guarantee all work done under this
contract for a period of one (1) year from the date of
completion of the work specified herein.
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, .CVE shall, when notified by the County, immedi-
ately place such guaranteed work in a condition satisfactory
to the County and make repairs of all damage to the equipment
and grounds made necessary in the fulfillment of the guarantee.
If CVE fails to proceed promptly to comply with the
terms of any guarantee under this agreement, CVE agrees that
the County may have such work performed as it considers
necessary to fulfill such guarantee or may allow the damaged
or defective work to remain as it is. In the first instance,
GVE shall promptly pay the County such funds as were expended
in fulfilling the guarantee; in the second instance, CVE shall
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promptly pay the County such sums of money as it would have
been necessary to expend to fulfill them. Usual wear and tear
and the results of accidents not chargeable to CVE or its
agents are excepted from the above requirements. Everything
necessary for the fulfillment of any guarantee must be done
without any expense to the County.
SECTION r5iELVE
ADDITIONAL CONDITIONS
1. 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 respective
addresses as shall appear herein or upon a change of address
pursuant to this notice provision.
2. 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.
COUNTY OF EAGLE, STATE OF COLORADO
By: and through its
ATTEST: BOARD OF COUNTY COMMISSIONERS
By:
erk of the of
ounty Commissioners
By:
Da e F . Grant, Chairman
P.O. Box 850
Eagle, Colorado 81631
Phone: 328-7311
By:
CEDAR.VALLEY ELECTRIC INC.
P.O. Box A-4
Gypsum, Colorado 81637
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STATE OF COLORADO )
ss.
� COUNTY OF _. e
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Subscribed to before me this day of
1981, by
in his capacity as of CEDAR
VALLEY ELECTRIC.
Witness my hand and official seal.
My (:ULLLi1115 51ULL a S J J L f- : (j lzr
j,
Notary Public
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