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Home My WebLink About20093424 AGREEMENT AGREEMENT made effective the 16th day of February, 2010, between the Board of County Commissioners of the County of Weld, State of Colorado, by and on behalf of the Weld County Buildings and Grounds, hereinafter called "County", and Eckstine Electric Co., a corporation existing under the Laws of the State of Colorado, with an office located at 13739 Weld County Road 25 '/2, Platteville, Colorado 80651, hereinafter called"Contractor." WITNESSETH: WHEREAS, the County has let bids for the Weld County Department of Public Works, specifically, "ENERGY GRANT LIGHTING UPGRADE/VARIOUS BUILDINGS", and WHEREAS, County awarded Contractor the bid for the performance of the services described in the foregoing bid. NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties agree as follows: 1. BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY APPROVAL. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado. 2. SCOPE OF WORK. Contractor shall perform all services and furnish all materials, equipment and/or personnel as detailed in both the invitation to bid document entitled "ENERGY GRANT LIGHTING UPGRADE/VARIOUS BUILDINGS", (hereinafter referred to as "RFP") and in Contractor's bid presented to County, via application submitted December 28, 2009, a collection of 9 pages, (hereinafter referred to as "Bid). Both the "RFP" and the "Bid" are attached hereto as Exhibits "A" and "B", respectively, and are incorporated herein by reference. County and Contractor specifically agree that each is bound by the representations made by each party within the "RFP" and the "Bid". 3. INSURANCE. Contractor agrees to maintain insurance and a performance bond as specified in the "RFP" and shall provide Weld County with a certificate of said insurance naming Weld County as an additional insured, and a copy of the performance bond. 4. COMPLIANCE WITH RULES, REGULATIONS AND LAWS. It is mutually agreed that the Contractor may be subject to various state and federal rules, regulations and laws pertaining to the subject matter of this Agreement. The parties agree that this Agreement shall be subject to and governed by the laws of the State of Colorado. Contractor shall be bound by the terms of Colorado Revised Statutes §8-17.5-101 and §8-17.5- 102., particularly §8-17.5-102(1) and (2), concerning the prohibition against the employment of t 1 nae ,d4 DDi3 Q��Q. a-ay_,amo CC ,Acc> illegal aliens and the use of subcontractors whose employment practices fail to comply with the provisions of Colorado Revised Statutes §8-17.5-101 and §8-17.5-102. If Contractor fails to comply with any requirement of these statutory provisions, Weld County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for damages. Additionally, Contractor shall be bound by all relevant provisions of the Davis-Bacon Act, 40 U.S.C. § 276a-276a-7. Contractor agrees that all work performed pursuant to the terms of this Agreement shall be governed by the provisions of the 2006 International Building Code, and that said Code shall establish the standards for the performance of Contractor's work. The Contractor specifically American Recovery and Reinvestment Act for 2009 (ARRA), and further agrees that in the event of a conflict between the provisions of this Agreement, including the RFP and the Bid, and the provisions of AARA shall govern. In acceptance of the Agreement, the Contractor covenants and certifies that it will comply in all respects with all Federal, State, County, or other Municipal Law which pertain hereto regarding work on government contracts, matters of employment, length of hours, workers' compensation and human rights. If any provision contained herein is found now or during the life of the Agreement to be null and void, in whole or in part as a matter of law, then said clause or part hereof shall be deemed to be severed and deleted from this Agreement leaving all other clauses or parts thereof in full force and effect. It is further agreed that there shall be no gap in the coverage or applicability of said remaining clauses or parts thereof. 5. CHOICE OF LAW. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. 6. VENUE. The District Court of the 19th Judicial District shall have exclusive jurisdiction to resolve any disputes arising under this Agreement. 7. CONFLICT OF INTEREST. The signatories to this Agreement aver that to the best of their knowledge, they are in compliance with the provisions of C.R.S. §§24-18-201 et seq. and §24-50-507, and that no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. Contractor has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree affect or interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflict with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance 2 J with this provision may result, in County's sole discretion, in immediate termination of this Agreement. 8. LICENSES. The Contractor hereby agrees that it will obtain, at its own expense, all licenses or permits necessary for this work, if any are necessary, prior to the commencement of said work. 9. AUDIT. The Contractor shall take such action, if applicable and as necessary and appropriate, to comply with Federal Circular A-128 relative to Single Audit of Federal Financial Assistance. In any event, the Contractor shall provide the County with appropriate documentation should the County wish to conduct an audit relative to expenditure of funds pursuant to this agreement. 10. ASSIGNABILITY. This Agreement may not be assigned, transferred, conveyed, sublet or disposed of without the previous consent, in writing, of the County. 11. TERM OF AGREEMENT. This Agreement shall commence within two (2) weeks following County's delivery of the "Notice to Proceed", and shall terminate on the 60th day following the date of commencement of Contractor's work. 12. CONTRACT PRICE AND PAYMENT. County shall pay Contractor the sum of Ninety-Two Thousand, Seven Hundred and Seventy Three and no/100 ($92,773.00) for all materials, merchandise, equipment and services associated with the replacement of T-12 ballasts in four (4) buildings owned by County (Weld County Courthouse located at 901 9`h Avenue, Greeley, Colorado; Courthouse Annex located at 934 91h Street, Greeley, Colorado; 1400 Administration Building located at 1400 North 17th Avenue, Greeley, Colorado; and 1402 Administration Building located at 1402 North 17th Avenue, Greeley, Colorado). 13. PAYMENT OF CONTRACT PRICE. Contractor shall submit certified payroll records of employees who are working to fulfill the obligations imposed under this Agreement to County on a weekly basis for verification. The County shall reimburse contractor every thirty (30) days, at an amount equal to the percentage of work completed under this Agreement. On or before the sixth (60th) day following the commencement of this Agreement, Contractor shall notify County of its completion of work and fulfillment of its obligations under the terms of this Agreement. Following receipt of said notice, County shall inspect the work performed by Contractor, and upon County's determination that the obligations of Contractor have been met, shall pay Contractor the balance of the Contract price. 14. INDEMNIFY AND HOLD HARMLESS. Contractor agrees to indemnify and to hold the County harmless from any and all claims, suits, expenses, damages or other liabilities, including reasonable attorney fees and court costs arising out of damage or injury to persons, entities or property caused by or sustained by any person or persons as a result of an intentional or negligent act by Contractor or by a failure of Contractor to perform its responsibilities under this Agreement according to its terms. 15. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Contractor shall be solely responsible for its 3 f acts and those of its agents and employees for all acts performed pursuant to this Agreement. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of Weld County. Contractor and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law and (b) provide proof thereof when requested to do so by Weld County. 16. NO WAIVER OF 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 pursuant to the provisions of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended, 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. 17. NO THIRD PARTY BENEFICIARY ENFORCEMENT. 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. 18. REPRESENTATIONS AND WARRANTIES. Each party represents and warrants that it has the power and ability to enter into this Agreement, to grant the rights herein and to perform the duties and obligations described herein. 19. DEFAULT. If Contractor defaults in any obligation under this Agreement, Contractor shall be liable for all costs, expenses and payment(s) incurred by County, including any reasonable attorney fees. 20. AMENDMENTS. No changes, additions, or deletions to this Agreement shall be binding or effective, unless reduced to writing and executed by both parties. 21. NOTICES. Any notice required herein will be effective when delivered in writing, signed by an authorized officer or representative of the party delivering said notice sent by certified mail to the following persons and addresses: 4 To County: Weld County Department of Public Works Toby Taylor 1105 H Street Greeley, Colorado 80631 To Contractor: Eckstine Electric Co. Michael O. Eckstine, President 13739 WCR 25 '/z Platteville, Colorado 80651 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Eckstine Electric Co. By ( G ..ic /( v/" 7� 2/16/10 Michael O. Eckstine, President Date Attest: BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO 1 ouglas 'ademac r, Chair 1475'I • FEB 2 4 2010 - y 1e.� 1, Weld County Clerk to � - .��• �� i i Deputy Cler o the Board VED AS RM: ty t ey 5 &c9- .3y " MEMORANDUM 7'7 I To: Board of County Commissioners Toby Taylor I `p O Re From: Lighting Upgrade/Energy Grant B0900170 COLORADO Date: January 12, 2010 As advertised, this bid is to perform lighting upgrade for four County buildings utilizing the energy efficiency grant. The low bid was from Standard Renewable Energy. However, their submitted bid package did not contain the required bid bond. The second low bid was from Kennedy Electric. Although their bid package did contain an allowance for a performance bond, it did not contain the required bid bond. The third low bid from Ryan Lighting Group proposed to use Halco ballasts for the upgrade with an energy savings of 33 percent. We have concerns with the reliability of Halco ballasts. This is because we have not been able to verify their dependability, reliability, life expectancy, or even use with local supply houses or electricians. Therefore, Buildings and Grounds is recommending the bid from Eckstine Electric at an energy savings of 42 percent be awarded. If you have any questions, please contact me at extension 2023. 0O/3 0/ / 1d dit9 - 2 ` N 0 V N N M U O d a) p O N y a cn 5 V N O II ! 0 N H IN Lti 0i (fl EA EA f9 W N 0 N V H O `O co (0 l6 l6 T -I Z N N O N C7 0 w N -2 g T 5. (0 >. Z co ?O 7 3 m 0) Cl) I (n Q Q O v Oo 1 W < < - N U > N o a Q' 3 O aN OU O V coN �- O L N N Z N =s E. E-,--M 0 a O 2 N @ N 0= E 0 a O O O co V OM O [] O (d (0 C W T W O X - w 55. 0) W W illi 0) Z n Q E j co o 6 0 -o j T N >- 7 co CC CC X X io-. a d 2 o .. 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