HomeMy WebLinkAbout20110348.tiff COUNTY OF WELD, STATE OF COLORADO
STANDARD AGREEMENT
2012 Renewal, Bid #B1100027, Doc. #2011-0348
THIS AGREEMENT, is made and entered into the 16th day of January, 2012 by and between the County
of Weld, State of Colorado, hereinafter called "County" whose address is 1150 O Street, Greeley, Colorado,
80631, and American Arborist Service, hereinafter called "Contractor" whose address is 9915 Navajo Court,
Longmont, Colorado 80504.
WHEREAS, That the contractor for and in consideration of the covenants, conditions, agreements and
stipulations of the County hereinafter expressed, does hereby agree to furnish to the County services personnel and
equipment, as follows:
Provide labor and equipment at an hourly rate on tree trimming and tree removal maintenance in Weld
County rights-of-way. Perform any tree trimming, removal, disaster clean-up or any given task within reason
warranted necessary through Weld County Public Works, Bridge Division. The contractor is to furnish a bucket-
truck, with qualified operator, a grapple truck [Barco] with a qualified operator.
Weld County will not be responsible for maintenance or fuel costs to contractor's equipment. All projects
will be coordinated with Weld County's designated employee. The contractor will be required to work in any
location throughout Weld County with no additional costs occurred. Unless other approved arrangements have been
made.
RENEWAL CONTRACT PERIOD is from the signing date of this agreement January 16, 2012, through
December 31, 2012.
COMPENSATION: County agrees to pay contractor for services performed hereunder at the rates shown
on the attached American Arborist Inc. current hourly rate schedule. The total amount paid by County to Contractor
under this agreement shall not exceed the sum of$133.00 per hour or $145,000.00 annually per awarded contract.
1. All construction and materials controls for a project will be in accordance with the current Standard
Specifications for Road and Bridge Construction, as supplemented or revised, provided by the Colorado
Department of Transportation. During construction, signage shall be posted in accordance with the most
current Uniform Manual on Traffic Control Devices.
2. Failure of either party to perform any of its respective obligations hereunder by reason of acts of God,
strike, or acts of any governmental agency or authority having jurisdiction over matters set forth herein
shall excuse timely performance of such obligations, but shall not excuse the performance of such
obligations as soon as reasonably practical. The parties may, however, mutually consent to excuse a party
from performing any obligation, in whole or in part, upon a showing that performance has been rendered
impracticable by reason of FORCE MAJEURE.
3. This Agreement may not be assigned in whole or in part by either party hereto without the written consent
of the other party. Such consent will not to be reasonably withheld, conditioned, or delayed.
4. If any clause or provision of this Agreement is illegal, invalid, or unenforceable, then it is the intention of
the parties that the remainder of this Agreement shall not be affected.
5. Should American Arborist sell its operation, cease operating, file bankruptcy, or in any way release
ownership and responsibility of the permitted property, this Agreement as set forth herein, shall be
terminated. If the aforementioned release should occur, American Arborist shall give a minimum notice of
ninety (90) days to the County before the date of termination. If the aforementioned release should occur,
the County shall have the option of immediately terminating this Agreement.
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6. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and
all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and
nothing contained in this Agreement shall give or allow any claim or right of actions whatsoever by any
other person not included in this Agreement. It is the express intention of the undersigned parties that any
entity other than the undersigned parties receiving services or benefits under this Agreement shall be
deemed an incidental beneficiary only.
7. Indemnification: To the extent authorized by law, Contractor agrees to indemnify, save, and hold the
County harmless from and against any and all claims, damages, losses, and judgments, which may be
suffered or incurred by the County as a consequence of any breach by Contractor of its obligations and
duties set forth in this Agreement on those portions of the haul route described in this Agreement. In the
event that any dispute shall arise under this Agreement, the prevailing party in such dispute shall be
entitled, in addition to any other relief to which such party may be granted, to recover its reasonable
attorneys fees and court costs incurred in connection with the resolution of such dispute.
8. By entering into this Agreement, the parties do not intend, either expressly or implicitly, to create a joint
venture or partnership. Except as provided herein, neither party shall have the right or authority to act for,
or on behalf of, or to enter into any obligations which are binding on the other party to this Agreement.
9. All notices to be given under this Agreement shall be in writing and delivered in person, or mailed by
certified or registered U.S. Mail, or sent by a nationally recognized overnight delivery service, to the party
to receive such notice at the following addresses:
Weld County Board of Commissioners (County)
P.O. Box 758
Greeley, CO 80632
American Arborist(Contractor)
9915 Navajo Ct.
Longmont CO 80504
All notices shall be effective upon receipt by the party to receive such notice, or by the third day following
deposit of said notice in U.S. Mail, or the first day following deposit of acknowledgment of refusal of
delivery of said notice.
10. This writing, together with the exhibits hereto, constitutes the entire Agreement between the parties hereto
with respect to the subject matter herein, and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives,
successors and assigns of said parties.
11. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their
officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a
duty of care, which did not previously exist with respect to any person not a party to this Agreement.
12. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement,
and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and
nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person
not included in this Agreement. It is the express intention of the undersigned parties that any entity other
than the undersigned parties receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
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ADDITIONAL PROVISIONS set forth in the attachment constitute a part of this Agreement.
IN WITNESS WHEROF, the parties hereto have executed this Agreement as of the day and year first
above written.
BOARD OF COUNTY COMMISSIONERS AMERICAN ARB ST SERVICE
WELD COUNTY, COLORADO
Sean P. Conway, Chair FEB 1 3 2 Roland Bunn, Owne Operator
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ATTEST: aIa, ,ate:
411 Weld County Clerk to the Board 4�)
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186 1 - 20I 1 MEMORANDUM
TO: Board of Commissioners DATE: February 9, 2011
W E O N T Y FROM: Pat Persichino, Public Works Director
SUBJECT: 2011 Tree Trimming & Removal Bid, B1100027
The Public Works Department recommends the sole bid from American Arborist be accepted for tree
trimming and removal. The rate of$130.00 per hour is the same price paid to this vendor for 2010
tree trimming services. We further recommend a three year contract with a two year renewal option.
If you have any questions, please contact me at extension 3768.
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WELD COUNTY PURCHASING
915 10TH St Room #334, Greeley CO 80631
1 8 6 1 - 2 0 I I E-Mail: mwalters(c�co.weld.co.us
E-mail: reverett(c�co.weld.co.us
�l Phone: (970) 356-4000, Ext 4222 or 4223
W E L L L.C O U N T Y Fax: (970) 336-7226
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DATE OF BID: February 1st, 2011
REQUEST FOR: TREE TRIMMING & REMOVAL CONTRACT
DEPARTMENT: Public Works Department
BID NO: #B1100027
PRESENT DATE: February 2nd, 2011
APPROVAL DATE: February 16th, 2011
VENDORS
AMERICAN ARBORIST SERVICE
9915 NAVAJO COURT
LONGMONT CO 80504
THERE WAS NO CHANGE IN PREVIOUS PRICING. DEPT RECOMMENDS A
THREE YEAR CONTRACT WITH A TWO YEAR RENEWAL.
**THE BID IS BEING REVIEWED AT THIS TIME**
2011-0348
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