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Home My WebLink About800943.tiff RESOLUTION RE: APPROVAL OF AGREEMENT FOR SNOW REMOVAL BETWEEN WELD COUNTY AND ZADEL CONSTRUCTION AND AUTHORIZATION FOR CHAIRMAN TO SIGN THE SAME. 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, an agreement between Weld County, Colorado and Zadel Construction for snow removal services has been presented to the Board of County Commissioners, and WHEREAS, said agreement concerns the removal of snow from the following subdivisions : Enchanted Hills Subdivision Casa Grande Carmacar Ranchettes Westview Estates Scott Acres Leisure Living or Carol Heights WHEREAS, the term of said Agreement shall be from November 1, 1980 until June 1, 1981, and WHEREAS, the Board of County Commissioners has studied said agreement and deems it advisable to approve the same. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the agreement for snow removal services between Weld County, Colorado and Zadel Con- struction be, and hereby is , approved. BE IT FURTHER RESOLVED by the Board of County Commissioners that the Chairman of the Board be, and hereby is, authorized to sign said Agreement. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 24th day of December, A.D. , 1980. ATTEST: ' 6Lr4T lA BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County lerk and Recorder 1 ?1yL1 and Clerk to the Board C. W. Kirby, chairman BY: � /�� v ABSENT eputy County Clerk Leonard L. Roe, Pro-Tem €PRO ED AS TO FORM: 1 : � j17 Norman Car son County Attorney Ly i Dunbar, k June f 8'71 /1 a 1/"‹,: 6'8009 800943 DATE PRESENTED: DECEMBER 24, 1980 AGREEMENT THIS AGREEMENT made and entered into this 24th day of December , 1980 , by and between the COUNTY OF WELD, STATE OF COLORADO, hereinafter referred to as "County, " and ZADEL CONSTRUCTION, hereinafter referred to as "Contractor. " For and in consideration of the mutual covenants and agreements hereinafter set forth, the parties hereto mutually agree as follows: 1. Purpose. The purpose of this Agreement is to set forth the mutual rights and obligations of the parties hereto regarding removal of snow from certain subdivisions in Weld County, Colorado. The County desires to contract with Contractor for the purpose of removing snow from certain subdivisions in Weld County, Colorado should County be unable to remove said snow itself due to other commitments for County' s equipment or excessive snow depth. It is to be explicitly understood by the parties hereto that the decision of whether or not Contractor will be required to plow any particular subdivision shall be solely within the sound discretion of County, and that Contractor shall not commence to plow any subdivision unless specifically authorized to do so by one of the County Commissioners of Weld County, the County Engineer, or a maintenance supervisor of the County of Weld. 2 . Term of Agreement. The term of this Agreement shall commence on November 1, 1980 and end on June 1, 1981. 3. Scope of Services Provided by Contractor. Contractor agrees that upon being contacted by a Weld County Commissioner, the Weld County Engineer or a maintenance supervisor of Weld County, and being specifically authorized to do so, Contractor shall plow the following subdivisions : Enchanted Hills Subdivision, Casa Grande, Carmacar Ranchettes, Westview Estates, Scott Acres, and Leisure Living or Carol Heights. 4. Notification - Completion. If Contractor is authorized to proceed by one of the persons set forth in Paragraph 1 above, before the hour of 7 :00 a.m. , Contractor shall have com- pleted the plowing operations for each subdivision so authorized by 6: 00 p.m. on the same date as said authorization is received. Should the Con- tractor be authorized after 7 : 00 a.m. , Contractor shall have 24 hours from the time of such authori- zation to complete said plowing. 5. Consideration. County agrees to pay Contractor for the plowing of the abovementioned subdivisions according to the following schedule: A. Enchanted Hills Subdivision $ 92 . 30 B. Casa Grande $171. 76 C. Carmacar Ranchettes $150. 83 D. Westview Estates $ 92. 30 E. Scott Acres $ 92. 30 F. Leisure Living or Carol Heights $ 92. 30 The parties hereto further understand and agree that the price per subdivision set forth herein shall be paid by County on a per call-out basis, and Contractor shall not be entitled to additional compensation because of snow depth or any other reason. Contractor agrees to bill County on a monthly basis and County agrees to pay Contractor for Contractor' s services on or before the 20th day following the close of any particular month. -2- 6. Specifications. Contractor shall plow the subject subdivisions to the following specifications: A. The minimum snow clearance shall be two traffic lanes on each street (approximately 20 feet total width) . B. Snow shall be cleared to within one inch of the street surface. C. Snow may be windrowed in the center of the street or along the sides. D. Driveways and openings through the windrow to the driveways are the responsibility of the owner of said driveway. E. Intersections shall be cleared of windrows so that traffic may pass without crossing windrows. F. Weld County roads adjacent to the subdivisions shall not be a part of this Contract and will be cleared by Weld County forces. G. The Contractor shall notify the "snow desk" at 356-4000, extension 777, when Contractor has completed snow removal. 7. Additional Provisions. The parties hereto specifically agree to the addi- tional provisions which are set forth in Exhibits "A" and "B" , copies of which are attached hereto and incorporated herein by reference. WHEREFORE, the parties hereto have hereunto set their hand on the day and year first above written. ATTEST: t� `e...i, rw a BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk sJ ,�to the Board By: 1, /, /Ki / C. W. Kirby,✓ Chirman eputy County Clerk // CONTRACTOR: Li /lc-nA212�L 3 e � to- i -3- 1/ EXHIBIT "A" ;Lk_'t WELD COUNTY, COLORADO _. PURCHASING DEPARTMENT B:D REQUEST NO. 270-80 Date : September 24, 1980 • I. NOTICE TO BIDDERS • • Sealed bids will be received at the office of the Purchasing. Director, 915 10th Street, Greeley, Colorado, until Tuesday, October 14, 1980 at 10:30 a:m. for furnishing Subdivisions of Weld County for the • following merchandise or equipment: • SNOW REMOVAL SERVICES IN WELD COUNTY SUBDIVISIONS II. INVITATION TO BID • Sealed bids, subject to the conditions as shown herein, are requested on the following list of articles or services with delivery to the destination, and to include any charges for freight, delivery, containers, packaging, etc. Bids must be enclosed in envelopes furnished by the Purchasing Department. • III. INSTRUCTIONS TO BIDDERS I . Proposals shall be typewritten or written in ink on the form prepared by the County. Officials of corporations shall designate their official title; partners or sole owners shall so state, giving the names of all interested parties. All corrections or erasures shall be initialed by the person signing the bid. 3. A bidder shall not stipulate in his proposal any conditions not contained in 'the specifications unless specifically requested in the special instructions. Any proposal which fails to comply with the literal letter of these instructions and the specification≤ may be rejected forthwith. 3. When approximate quantities are stated, the County reserves the right to increase or decrease the quantity as best fits its needs. • 1. Whenever requested, samples or descriptive matter shall be filed prior to the opening of bids . 5. In submitting the proposal , the vendor agrees that acceptance of any or all bids by the County within a reasonable time or period constitutes a contract. No delivery. shall become due or be accepted unless a purchase order shall first have been issued by the Purchasing Director of Weld County. It is understood that it is necessary for all invoices to be made out to Weld County, Colorado, not to the Department securing the merchandise. 5. It is understood that the Board of County Commissioners of Weld County reserves the right to reject any or all bids , to waive any informalities in bids, and to accept the bid that, in the opinion of the Board , is to the best interests of the Board and of the County of Weld , State of Colorado. ' . It is also understood that the Board of County Commissioners of Weld County will give preference to resident Weld County bidders in all cases where the bids are competitive in once and quality. -z- 8. Discounts will be figured frd(m the date of delivery and acce0.--nce of the articles , or ' in the case of incorrect invoice, from the date of receipt of corrected invoice, if this be subsequent to delivery and acceptance. 9. In determining the lowest responsible bid, the County will consider all acceptable bids on a basis of the net price to be paid after deduction of the discount specified by the bids. 10. The successful bidder shall indemnity and save harmless Weld County against all claims for royalties, for patents or suit for infringement thereon which may be involved in the manufacture or use of the material to be furnished. 11 . All goods shall remain the property of the seller until delivered to and accepted by the County. 12. - These instructions , the Proposal Form and Specifications have been developed with the hope of raising the standard of purchase negotiations to a satisfactory plane so that all transactions will be mutually satisfactory to all concerned. Your cooperation is invited. GENERAL SPECIFICATIONS, CONDITIONS AND INFORMATION Design: The equipment shall be manufacturer's latest model of production. The equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will insure long life , dependability and low costs of maintaining and repairing. Standard: When the word "standard" is used in this specification to describe an item of equipment or an assembly, it shall be construed to mean that the item or assembly so described shall be the latest regular current product of the manufacturer . thereof, identified by a model or other designation, without the modification or omission of any of its usual parts or the substitution of others therefore, except as hereafter specified, details , capacities and ratings , conforming in every respect to the said manufacturer's catalog or other printed matter describing the item or assembly. Standard sub-assemblies , accessories, fittings , and 'finishes shall be construed to be those which are regularly -furnished as a part of the principal unit or assembly and included in the selling. price thereof. EPUTABLE MANUFACTURER DEFINED: A manufacturer who has been engaged in the business of fabricating the equipment specified for a reasonable period of time prior to the date set for opening of bids, and who can demonstrate to the satisfaction of the County that said manufacturer has successfully installed equipment of the type proposed to be furnished in at least three instances and the performance of such equipment has been satisfactory. Manufac- turers who have been engaged in the business of manufacturing said equipment for a period of one year prior to the date fixed for opening bids shall , prima facie, be deemed to have been engaged in such business a reasonable length of time. OR EQUAL" DEFINED • The specific equipment mentioned shall be understood as indicating the type, function, minimum standard of design , efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer' s equipment of comparable quality, design and efficiency. i �i PRE-DELIVERY SERVICE: Office equipment is to be delivered, as directed, unpacked; assefitled, cleaned and adjusted for immediate use at a location designated by the Purchasing Director. Motor vehicles and other items of equipment shall be ready for immediate _use at the time of deliveryto a designated location. The_equipment shall be -clean and_all_instruments properly adjusted, check inflation of tires, complete lubrication, check-Crankcase- for proper oil level and any other servicing normally provided by dealers. Proper state • inspection seal shall be provided. - Operating and maintenance manuals shall be_ provided-at the time of delivery. Parts and price lists shall be included in special equipment or when requested by the County. ACKNOWLEDGEMENT AND DELIVERY SCHEDULE OF INITIAL ORDER: • -Time is-of the- essence. A-delivery schedule-::of:not;more than calendar days after receipt. of.the_order shall .be deemed_reasonable and serve the best interests . of the: County. Proposals exceeding this schedule willbe-rejected.- ' Delivery will be made=on or before ,- 19 . The successful bidder shall - 'acknowledge the receipt of the order and certify delivery schedule. GENERAL INFORMATION: = _ - _ _ - . _ - - Bidders shall submit with their bidsthe- following information. pertaining the equip- ment upon which bids are submitted:_ ' : _ _. (a) Detailed equipment specifications to include-the- warranty. (b) Descriptive- literature. - . , _ _ ti • EXHIBIT "B' k. ADDITIONAL PROVISIONS 1 . Contractor agrees that it is an independent Contractor and that its officers and employees do not become employees of County nor are they entitled to any employee benefits as County employees as a result of the execution of this agreement. • - 2. Contractor shall indemnify County, its officers and employees against liability for injury or damage caused by any negligent act or omission of any of its employees or volunteers or agents in the performance of this agreement and shall hold County harmless from any loss occasioned as a result of the performance of this contract by Contractor. The Contractor shall provide necessary workman's compensation insurance at Contractor's own cost and expense. 3. No officer, member or employee of County and no member or their governing bodies shall have any pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. No employee of Contractor nor any member of an employee's family shall serve on a County board, committee or hold any such position which either by rule, practice or action nominates, recommends , supervises Contrator' s operations, or authorizes funding of Contractor. 4. Contractor may not assign or transfer this agreement, any interest therein or claim thereunder without the prior written approval of County. 5, Payment of Contractor will be made only upon presentation of a proper claim by Contractor subject to the approval of the County Department or Agency for which the services have been performed. 6. County shall have access to Contractor' s financial records 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 five years after final payment hereunder. 7. County may terminate this agreement at any time by giving Contractor a ten day written notice of such sooner termination and may be terminated at any time without notice upon a material breach of the terms of this agreement by Contractor. 8. Time is of the essence in each and all the provisions of this agreement. 9. No alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto. 10. Contractor shall not be allowed or paid travel expenses unless set forth in this agreement. 11 . Contractor assures that `it will comply with Title VI of the Civil • Rights Act of 1964 and that no person shall , on the grounds of race, creed, color, sex or national origin be excluded from participation in, be denied the benefits of, or be ctherwise subjected to discri- mination under this agreement. Hello