HomeMy WebLinkAbout20101408.tiff 07/19/2010 07:06 9703046532 BUILDINGS & GROUNDS PAGE 01/07
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is-made by and between the County of Weld, State of Colorado,
whose address is 915 10th Street, Greeley, Colorado, 80631 ("County"), and Craftsman
Decorating, Inc., whose address is 403 16th Street, 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 terns of this Agreement shall be from the date of signing by both parties
hereunder,through and until completion of the installation of the security mesh described in
Exhibit A.
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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$133,802. 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 Mall he deemed covered in the compensation and time provisions
of this Agreement.
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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 materials and workmanship
to accomplish the services described in Exhibit A.
8. Reports County Property- All 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.
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
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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 he 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.
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
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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 ofJuly 14, 2010.
CONTRACTOR:
CRAFTS v1AN DEt�M NG, INC.
By: CFtilsr (Ifs
Title: President
I Sew
ATTEST: �'�! BOARD OF COUNTY
CLERK TO THE BOARD ,� � COMMISSIONERSOF WELD COUNTY
By. /�i/.i/ i ��AI lr��-' B\: v a 41/4-1
/-
Deputy Clerk o the Boar.�� ,�I ougl Radema er, Chairman
JUL 262010
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EXHIBIT A
Services provided by Craftsman Decorating, Inc. ("Contractor") shall include the painting
of certain areas at the Weld County Jail, as directed by Weld County. Contractor shall provide
all materials and labor to complete such services.
MEMORANDUM
fti�� To: Board of County Commissioners
Wi`P ORe:From: Taylor
Jail O Fro Ja Paint Project B1000120
COLORADO Date: July 13, 2010
As advertised, this bid is to perform complete painting of four pods, a vestibule, and
gymnasium in the Jail.
Buildings and Grounds is recommending the bid from Craftsman Decorating, Inc. be
awarded.
If you have any questions, please contact me at extension 2023.
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