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Home My WebLink About20101366.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING WAIVER OF TEN-DAY WAITING PERIOD FOR CONSIDERATION AND INVESTIGATION OF THE GENERATOR INSTALLATION IN HEALTH/PLANNING BUILDING BID-DEPARTMENT OF BUILDINGS AND GROUNDS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Department of Purchasing has requested waiver of the ten-day waiting period for the Generator Installation in the Health/Planning Services Building for the Department of Buildings and Grounds, Bid Request No. 61000124, due to a deadline for grant funds to be obligated, and WHEREAS, the Board of County Commissioners deems it advisable to waive the ten-day waiting period for said bid. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the ten-day waiting period for the Generator Installation in the Health/Planning Services Building for the Department of Buildings and Grounds, Bid Request No. B1000124 be, and hereby is, waived. BE IT FURTHER RESOLVED by the Board that the low bid from Warkentin Electric, Inc., in the amount of$19,850.00, be, and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of June, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD C , Cs ORADO 14 E 17b ATTEST: •las 'ademac -r, hair Weld County Clerk to the Bo+a6' %tC � �O�� .,rbara Kirkmeyer, ro-Tem BY:. a AL AS k Ci a 11�.,,c'J4Licx. ► _ Dep t Clerk • he Board <H Sean P. a 7vAPP D A M: giad 2 m F. Ga is o nt t rney David E. Long U Date of signature: 1 I q 110 2010-1366 Q_C, . PU , C q-G P00016 7-15 -I0 f Stars, MEMORANDUM To: Board of County Commissioners W From: Toby Taylor Re: Generator Install Planning & Public Health Bid 81000124 COLORADO Date: June 22, 2010 As advertised, this bid is to install a generator at the Planning and Public Health building. Buildings and Grounds is recommending the low bid from Warkentin Electric Inc. be awarded. If you have any questions, please contact me at extension 2023. WELD COUNTY PURCHASING • 1 915 10TH Street Greeley CO 80631 E-Mail: mwalters(aco.weld.co.us . ft, sxr. E-mail: reverett(a�co.weld.co.us + Phone: (970) 356-4000, Ext. 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: June 22, 2010 REQUEST FOR: GENERATOR INSTALL IN HEALTH/PLANNING BLDG DEPARTMENT: BUILDINGS & GROUNDS BID NO: #B1000124 PRESENT DATE: June 23rd, 2010 APPROVAL DATE: June 23r1, 2010 ***EMERGENCY APPROVAL NEEDED*** VENDORS AMOUNT WARKENTIN ELECTRIC INC $19,850.00 1531 4th AVENUE GREELEY CO 80631 ERBACHER ELECTRIC $22,000.00 605 40TH AVENUE GREELEY CO 80634 SPRING CREEK ELECTRIC INC $23,938.00 P O BOX 1343 AULT CO 80610 WELD COUNTY PURCHASING 915 10TH Street Greeley CO 80631 �►- E-Mail: mwaltersCa�co.weld.co.us E-mail: reverett(a)co weld.co.us Phone: (970) 356-4000, Ext. 4222 or 4223 c ' Fax: (970) 336-7226 L/UN'C DATE OF BID: June 22, 2010 REQUEST FOR: GENERATOR INSTALL IN HEALTH/PLANNING BLDG DEPARTMENT: BUILDINGS & GROUNDS BID NO: #B1000124 PRESENT DATE: June 23`d, 2010 APPROVAL DATE: June 23`d, 2010 ***EMERGENCY APPROVAL NEEDED*** VENDORS AMOUNT WARKENTIN ELECTRIC INC $19,850.00 1531 4th AVENUE GREELEY CO 80631 ERBACHER ELECTRIC $22,000.00 605 40TH AVENUE GREELEY CO 80634 SPRING CREEK ELECTRIC INC $23,938.00 PO BOX 1343 AULT CO 80610 ac, % MEYER & SONS ELECTRIC CO $31,965.00 (n t „with 5951 W 26TH STREET how, ltir nod GREELEY CO 80634 del n&t ehan a ,. It was the decision of the Weld County Board of Commissioners to award the bid for the generator install for the Health/Planning Bldg to the low bidder, Warkentin Electric, in the amount of $19,850.000. WELD COUNTY COLORADO BY: MONICA MIKA DIRECTOR OF FINANCE & ADMINISTRATION Old (31,44 (p/23/2O/O pu 00110 Elizabeth Strong From: Marcia Walters Sent: Wednesday, June 23, 2010 10:05 AM To: Elizabeth Strong Subject: emergency approval today Attachments: GENERATOR INSTALL- PLANNING HEALTH DEPT.124.doc I just noticed the bid number on the present was B0900124...it should be B1000124 on the generator install. Is there any way to change that? Marcia 1 AGREEMENT FOR PROFESSIONAL SERVICES AND PURCHASE OF GENERATOR THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose address is 915 10i1' Street, Greeley, Colorado, 80631 ("County"), and Warkentin Electric, Inc., 1531 41b Avenue, Greeley, CO 80631, ("Contractor"). WHEREAS, County desires to retain Contractor as an independent contractor to perform services as more particularly set forth below; and WHEREAS, Contractor has the time available, equipment, and materials to timely perform the services, and is willing to perform the services according to the terms of this Agreement. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Engagement of Contractor. County hereby retains Contractor, and Contractor hereby accepts engagement by County upon the terms and conditions set forth in this Agreement. 2. Term. The term of this Agreement shall be from the date of signing by both parties hereunder, through and until completion of the installation of the generator(referred to herein as "Generator") as described in Exhibit A. 3. Services to be Performed. Contractor agrees to perform the Services listed or referred to in Exhibit A, attached hereto and incorporated herein. 4. Compensation. a. County agrees to pay Contractor for services performed as set forth on Exhibit A the sum of$19,850. Said sum shall include payment for all materials and labor. b. Payment to Contractor will be made only upon presentation of a proper invoice by Contractor upon completion of the services described in Exhibit A. 5. Additional Work. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions 1 //Jr L O1 © ' )3 640 of this Agreement. 6. Independent Contractor. Contractor agrees that Contractor is an independent contractor and that neither Contractor nor Contractor's agents or employees are, or shall be deemed to be, agents or employees of the County for any purpose. Contractor shall have no authorization, express or implied, to bind the County to any agreement, liability, or understanding. The parties agree that Contractor will not become an employee of County, nor is Contractor entitled to any employee benefits from County as a result of the execution of this Agreement. 7. Warranty. Contractor warrants that services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. Such warranty shall extend to the workmanship to accomplish the services described in Exhibit A. The Generator shall be under warranty from its manufacturer, which warranty Contractor shall assign to County, if necessary. 8. Reports County Property. MI reports, test results and all other tangible materials produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 9. Acceptance of Product not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the work. Acceptance by the County of, or payment for, any services performed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 10. Insurance and Indemnification. Contractor shall defend and indemnify County, its officers and agents, from and against loss or liability arising from Contractor's acts, errors or omissions in seeking to perform its obligations under this Agreement. Contractor shall provide necessary workers' compensation insurance at Contractor's own cost and expense. 11. Non-Assignment. Contractor may not assign or transfer this Agreement, any interest therein or claim thereunder, without the prior written approval of County. 12. Access to Records. County shall have access to Contractor's financial records as they relate to this Agreement for purposes of audit. Such records shall be complete and available for audit 90 days after final payment hereunder and shall be retained and available for audit purposes for at least five years after final payment hereunder. 2 13. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement. 14. Interruptions.Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 15. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party's address as stated above. 16. Compliance. This Agreement and the provision of services hereunder shall be subject to the laws of Colorado and be in accordance with the policies, procedures, and practices of County. 17. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. 18. Certification. Contractor certifies that Contractor is not an illegal immigrant, and further, Contractor represents, warrants, and agrees that it has verified that Contractor does not employ any illegal aliens. If it is discovered that Contractor is an illegal immigrant, employs illegal aliens or subcontracts with illegal aliens, County can terminate this Agreement and Contractor may be held liable for damages. 29. Entire Agreement/Modifications. This Agreement contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation, representation, and understanding or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 20. Funding Contingency. No portion of this Agreement shall be deemed to create an obligation on the part of County to expend funds not otherwise appropriated or budgeted for. 21. No Conflict. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 22. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 3 23. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess. 24. No Third Party Beneficiary. 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of June 23, 2010 CONTRACTOR: WARKENTIN E ECTRIC, INC. B illAny a Eafr A) ��,.,■,,,� Title: 4tA44td E L "fi BOARD OF COUNTY ATTEST: �: .•+*�, t4 r ..CLERK TO THE BOARD 1861 ►i' 1/20 COMMISSIONERSOF WEI.,D COUNTY W By: / , . ' �� ' ,r�I.f�.��..�rf By err-Jhre Deputy Clerk to the Board Dougla Radem cher, Chairman JUN 21 2010 4 aai ' -7344 EXHIBIT A Services provided by Warkentin Electric, Inc. ("Contractor"), shall include the installation of a 100kW Cummins Onan Diesel generator&transfer switch as detailed in plans at the Weld County Health/Planning building. Contractor shall provide all materials and labor to complete such services. Work shall include the additional work discussed at the pre-bid meeting held on June 17, 2010. 0 Hello