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Home My WebLink About38 - Mechanical Maintenance Contract with Jerry Sibley Plumbing�R C-1 ) s AGREEMENT EAGLE COUNTY JUSTICE CENTER MECHANICAL MAINTENANCE CONTRACT THIS AGREEMENT is dated as of the �?-;7 day of August in the year 1985, by and between Eagle County, hereinafter called the "County ", and Jerry Sibley Plumbing. Inc, hereinafter called the "Contractor" . The County and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows- ARTICLE 1. WORK The Contractor shall provide systems checks, preventive maintenance, and regular maintenance (including repair and "on call service ") at the Eagle County Justice Center, hereinafter called the "Justice Center" of all mechanical systems. The contractor, shall also be responsible for maintenance temperature comfort in the Justice Center. ARTICLE 2. CONTRACT TERM The term of this contract is for one year from the date of signing by the Chairman of the Board of County Commissioners. However, it will automatically renew itself each year, as per Addendum No. 2, Page 2, Item No. 6. ARTICLE 3. CONTRACT PRICE The County shall pay the Contractor for work in accordance with the contract documents in current funds, the sum of $1,600.00 for the first two weeks and $2,400.00 for the second two weeks for the familiarization period through completion and approval of the maintenance service schedule after approval of the maintenance service schedule. The County shall pay the Contractor $34.00 per hour in accordance with the contract documents for all maintenance and 3S gi service performed pursuant to this contract from completion and acceptance for the "Maintenance and Service Schedule." Except that work of an emergency nature which occurs between the hours of 5:01 P.M. and 7:59 A.M. or any time on Saturday or Sunday for which the county shall pay the ocntractor at the rate of $41.00 per hour. The County shall further pay to the contract cost plus 20% for all supplies and materials purchased by the contractor pursuant to the contract. All payments shall be made in accord with the contract documents. ARTICLE 4. CONTRACT DOCUMENTS The contract documents which comprise the entire agreement between the County and Contractor are the following: 4.1 Invitation For Bids 4.2 This Agreement 4.3 Bid Specifications (Entitled Eagle County Justice Center Mechanical Maintenance Bid) 4.4 Addendum No. 1 (Dated August 1, 1985) 4.5 Addendum No. 2 (Dated August 2, 1985) 4.6 The Contractor's Bid In case of a conflict between the documents, the agreement shall govern in any conflict over all the document, then Addendum #2, Addendum #1 and Bid Specifications in that order. There are no contract documents other than those listed above in Article 4. The Contract Documents may only be altered, amended or repealed by modification in writing signed by the Contractor and the Board of County Commissioners. ARTICLE 5. RESPONSE TO EMERGENCIES 5.1 Realizing that portions of the Criminal Justice Center must be open and in operation 365 days a -2- year, 24 hours each day, the contractor agrees to respond by appropriately qualified personnel and equipment, as promptly as possible and in case of any emergency, shall have responding personnel at the Eagle County Justice Center within two hours of being called. Further, Contractor agrees to provide the County a telephone number, at which the County may communicate an emergency at any time. Contractor shall respond to any non - emergency mechanical breakdown as soon as possible, but in no case later than 24 hours of notification by the County. An emergency situation is defined as any mechanical breakdown involving: I. the leakage of water 2. any condition which would render any portion of the building uninhabitable, unsafe, or unsanitary 3. any condition which if not connected immediately would cause the destruction or damage to other mechanical systems 4. any mechanical breakdown which would render the jail insecure 5. any failure of the heating or ventilating system In case of any dispute as to whether a condition is an emergency, the dispute shall be resolved by the County's Grounds and Building Supervisor, and his opinion shall be the final determination. 5.2. On those occassions when the Contractor is called to respond to an emergency as herein described, and no employee of the Contractor is already present at the Justice Center, the Contractor may include a charge for travel time. Travel time shall be computed as the actual time of travel from the place from which the Contractor's employee is called to the Justice Center and the time expended by said employee to return from the Justice Center to the place from which he was called, the employee's residence, or the -3- 4 Contractor's Minturn shop. But in no case shall the Contractor make any charge for travel time in excess of fourty -five (45) minutes each way. The travel time may then be applied to the appropriate hourly rate ($34p /hr or $41p /hr) and included in Contractor's billing. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce the County to enter into this Agreement, the 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, and in accordance with the other terms and conditions of the contract. 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. ARTICLE 7. MISCELLANEOUS 7.1 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 !M 1 � 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 responsibility under the Contract Documents. 7.2 County 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. 7.3 The Contractor and his employees shall not be deemed employees of the County for any purpose. 7.4 The Contractor shall use only employees who have passed a security screening performed by the Office of the Sheriff of Eagle County. ARTICLE B. TERMINATION The Contractor and the County agree that the contract may be terminated by the County immediately for any reason the provisions upon written notice listed in Item #7 of the Addendum No. 2 and not in 30 days as set forth in said Addendum. Further, if the County finds the performance of its duties under this contract unsatisfactory, the County may terminate this contract by written notice to the Contractor thirty days in advance. IN WITNESS WHEREOF, the parties have hereunder signed this Agreement in triplicate, one counterpart each has been delivered to the County and the Contractor. All portions of the -5- QL Contract Documents have been signed or identified by the County and the Contractor. ATTEST: By: lerk to the Boar of County Commissioners Davic`i E. Mott, Chairman CONTRACTOR