HomeMy WebLinkAbout20101139.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE
CHAIR TO SIGN -SIERRA STEEL COMPANY
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, Weld County has relied upon Sierra Steel Company ("Sierra") to provide
security containment for all phases of steel construction of the Weld County Jail ("the Jail"), with
the quality of product proving to be durable and has withstood utilization from the jail population,
and
WHEREAS, mezzanines in six pods at the Jail are in need of immediate steel screen
mesh to prevent inmates from falling to open areas below, and
WHEREAS, Sierra Steel Company has the expertise, materials and staff to provide the
professional services necessary to build and install the mesh immediately, for the cost of
$86,000, in accordance with the Agreement for Professional Services described below, and
WHEREAS, after review, the Board deems it advisable to approve and authorize the
Chairman's signature on the Agreement for Professional Services with Sierra Steel Company, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement for Professional Services with Sierra Steel
Company, a copy of which is attached hereto and incorporated herein by reference be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said Agreement for Professional Services.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of May, A.D., 2010.
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SO0031
AGREEMENT FOR PROFESSIONAL SERVICES - SIERRA STEEL COMPANY
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
ATTEST: 0, . r -, **1 1E '�!�r;.7. �t...'-
`� gl-_ Rade ,�� her, C air
Weld County Clerk to the Bo 86i ( = �
�� USED
3►* 4f.ara Kirkmeyer, Pro-Tern BXcDe Cler t the Board �j EXCUSED
Sean P. Conway
APPRO ED TO FORM: (_/�. / �
William F`. G cia
County Attorney t II
1 David E. Long
Date of signature: L'l7(ID
2010-1139
SO0031
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado,
whose address is 915 10`h Street, Greeley, Colorado, 80631 ("County"), and Sierra Detention
Systems Inc, whose address is 15850 W. 6`h Avenue, Golden, CO 80401, ("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 security mesh 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$86,000. 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
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 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.
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 of May 26, 2010
CONTRACTOR:
SIERRA DET T SYSTEMS, INC
By: "
Title: 1264.5 rS+4.t'
ATTEST: "fi ; ♦' t: i .s. BOARD OF COUNTY
CLERK TO THE BOARD gyp .• COMMISSIONERSOF WELD COUNTY
1861 M O 4V
�41N 'r
By: / /.i/i/.� etiY
Deputy Clerk o the Board � Dougl Radem cher, Chairman
MAY 2 62019
4
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EXHIBIT A
Services provided by Sierra Steel Company ("Contractor") shall include the building and
installation of steel mesh in the mezzanine areas of 6 pods at the Weld County Jail. Contractor
shall provide all materials and labor to complete such services.
SIERRA..
•_ IIL
Total Security Solutions
Proposal
Date: 5/20/10 Proposal No.:001
Facility:Weld County Jail Address: 2110 O Street, Greeley,CO 80631
Attn:Toby Taylor Phone:970-397-8047
Re: RFQ Fax:
Summary of Proposal:
The following is our price quotation to provide a fully assembled and installed security mesh for
mezzanine levels in Pods A, B, C, R, O and M. This proposal is based on our site visit and verbal
instructions from the facility. Due to the highly variable cost of materials this quotation is valid for only 30
days.
Included:
• Project coordination, engineering, assembly, installation
• 6 gauge Woven Wire Galvanized Mesh (1.5"x 1.5"-Wire spacing)with 1"x 1/8"Steel'Framing
• 1.5"x 1.5"x 3/16" Steel Tubing Structure
• Tube Steel structure and Steel Framing to be primed painted
Exceptions:
Finish Paint, Taxes, Permits, Fees, Bond
Total Price=$85,997.00
Sales tax not included in quotation
To accept this Quotation,sign here and return
Warranty:
Sierra Detention Systems shall guarantee our systems to be free from defects for one year. We shall replace
defective material in a timely fashion after diagnosis. Sierra will not replace or warrant product, which is damaged
due to negligence, fire, riot, acts of god or vandalism.
For more information about Sierra Detention Systems please visit our website at www.sierradetentionsystems.com. If
you have any questions, please feel free to call me at 303-278-6879.
Respectfully,
Michael J. Rypkema
PM
mrypkema@sierradetentionsystems.com
15850 West 6th Avenue I Golden,Colorado 80401 I Phone:(303)278-6879 I Fax:(303)278-6921 I www.sierradetentie
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