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Home My WebLink About20211601.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN - STURGEON ELECTRIC COMPANY, INC. 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 Board has been presented with an Agreement for Professional Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Information Technology, and Sturgeon Electric Company, Inc., commencing June 21, 2021, and ending August 21, 2021, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Information Technology, and Sturgeon Electric Company, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair 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 21st day of June, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 1j�,A y ,,; j Weld County Clerk to the Board u"ty : ttorney Date of signature: (')Cot a9t of 1 Steve reno, C CC; C A(R6), IT(zit) ©7/07/21 2021-1601 IT0010 WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 21st day of June, 2021, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Sturgeon Electric, whose address is 12150 East 112th Avenue Henderson CO 80640, hereinafter referred to as "Contractor". WHEREAS, County is in need of hiring an independent contract professional to perform the following "Professional Services:" the professional services listed in the Scope of Services attached hereto and referred to herein as "Exhibit A" [as may be more particularly ordered by the County Representative in accordance with specific terms set forth in a "Work Order"], and WHEREAS, Contractor has the time available and is willing to perform the Professional 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. TERM: The term of this Agreement shall be from June 21st, 2021, through and until August 21St, 2021. This Agreement may be extended for additional one -month period, not to exceed two (2) additional one -month periods, upon mutual written agreement of the parties. No changes in compensation for extension terms shall be made, unless specifically agreed to in writing by the parties. 2. SERVICES PROVIDED BY CONTRACTOR: Contractor agrees to perform the Professional Services for the total compensation of Ninety-four thousand two hundred nine dollars and 75/100 Dollars ($94,209.75). Contractor agrees to provide Professional Services in accordance with the terms of Exhibit A, the Scope of Work [as may be more particularly ordered by the County Representative in accordance with specific terms set forth in a "Work Order"]. 3. COMPENSATION: County agrees to pay Contractor for all services performed hereunder as follows: The total compensation to be paid for the services set forth in Exhibit A shall be Ninety-four thousand two hundred nine dollars and 75/100 Dollars ($94,209.75). 4. INDEPENDENT CONTRACTOR: Contractor agrees that it is an independent contractor and that neither Contractor's officers, nor employees will become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. 5. INDEMNIFICATION, DESIGN AND INSURANCE: Contractor shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by Contractor and shall, without additional compensation, 1 ,,„2 -1_/G -O/ promptly remedy and correct any errors, omissions, or other deficiencies. Contractor shall indemnify and save harmless County, its officers, and employees, from suits, actions, or claims of any type or character brought because of any and all injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or failure to comply with the provisions of the Contract; or on account of or in consequence of neglect of the Contractor in safeguarding the work; or through use of unacceptable materials and/or materials not identified in the Scope of Work in constructing the project; or because of any act or omission, neglect, negligence or misconduct of the Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright, unless the design, device, material or process involved is specifically required by the Contract; or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. County may retain as much of any moneys due the Contractor under any Contract as may be determined by the Department to be in the public interest. The Contractor shall obtain, and maintain at all times during the term of this Contract, insurance in the following kinds and amounts: a. Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of Contractor's employees acting within the course and scope of their employment. b. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: i. $1,000,000 each occurrence; ii. $2,000,000 general aggregate; iii. $2,000,000 products and completed operations aggregate; iv. $50,000 any one fire; and v. $500,000 errors and omissions. c. Completed Operations coverage shall be provided for a minimum period of one year following final acceptance of work. 6. NON -ASSIGNMENT: Contractor may not assign or transfer this Agreement, any interest therein or claim thereunder, without the prior written approval of County. 7. ACCESS TO RECORDS: County shall have access to Contractor's financial records for the 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. 8. TERMINATION: Either party may terminate this Agreement at any time by providing the other party with a 10 -day written notice thereof. Furthermore, this Agreement may be 2 terminated at any time without notice upon a material breach of the terms of the Agreement. 9. TIME OF THE ESSENCE: Time is of the essence in each and all of the provisions of this Agreement. 10. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement constitutes the entire understanding between the parties with respect to the promises and covenants made therein. No modification of the terms of this Agreement shall be valid unless made in writing and agreed to by both parties. 11. NON -APPROPRIATION: No portion of this Agreement shall be deemed to create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 12. WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of this Agreement shall be deemed to constitute a waiver of any immunities of County or its officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons other than County and not a party to this Agreement. 13. COUNTY REPRESENTATIVE: County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as Aleksei Churyk. 14. MONTHLY REPORT: Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Contractor is required to provide County with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the County, suspend the processing of any partial payment request. 15. ACCEPTANCE NOT WAIVER: County's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve Contractor of responsibility for the quality or technical accuracy of the work. County's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to County under this Agreement. 16. OWNERSHIP: All work and information obtained by the Contractor under this Agreement or individual work order shall become the property of the County. This includes, but is not limited to, reports, data, plans, drawings, records and computer files. 3 A COMPLIANCE Willi lTl i APPLICABLE STATE AND FED ERAL LAW . AND STANDARDS: RDS: C ontractor understands and agrees that its work pursuant to this Agreement shall be in compliance with all applicable State and Federal law and standards. For Pubic Works projects, Contractor shall additionally comply with the Davis Bacon Wage Rates, (a copy of which would then be attached hereto as Exhibit B and made a part hereof by this reference), and shall comply with all current CDOT Standard Specifications for Road and Bridge Construction and the latest CDOT M& Standards. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this June day of 2lst, 2021. CONTRACTOR: By:, Name: Title: Date SUBSCRIBED AND SWORN to before me this c day of A:i"'R``T NOTARY HEIDI HAMMER PUBLIC STATE OF COLORADO NOTOOY ID 20184043633 WOO 14't kg224 COUNTY: ATTEST: : Weld Co un By: Deputy Cie Clerk to the Boaid 4 COUN'T'Y OF WELD, a political subdivision of the State of Colorado By: • Steve Moreno, Chairman Board of County Commissioners of the County of Weld JUN 2 1 2021 0 APPROVED AS TO FUNDING: Controller APPROVED AS TO FORM: County Attorney BSTANCE: ff cial or Department Head 12150 East 112th Avenue. Henderson, CO 80640. (303) 286-8000 BUDGET PRICING BUDGET PROPOSAL SUBMITTED TO: Weld County Government Budget Date: June 10, 2021 Aleksei Churyk Technical Operations Director 1401 N. 17th Avenue, Greeley, CO 80531 Phone 970-400-2555 * AChuryk@weldgov.com Reference : Budgets fn Common Trench OSP Conduits & 96 Strand Fiber Cable Relocation Vault Relocation, Fiber Splicing/ Terminations, 2021 Rates Apply Description of work: See attached Budget Break down below Sturgeon will provide Qty 3 1" conduits in Common Trench in new Easement Sturgeon will intercept existing Duraline 3 cell conduit at 4th St., F St., North and South of Canal Sturgeon will relocate existing vaults into new easement, use existing canal crossing Sturgeon will remove and re -install existing fiber into new conduit. Additional 96 Strand fiber will be added from Weld County Stock and 1 new splice point will be added on F St. along with existing There will be an outage on the fiber during this time anticipate 7 days due to tying in to conduits Totals 35th Relocate Exisitng Fiber, 3 new conduits in City Trench Option 2 !Fiber I I $ 94,209.75 Notes: Current Fiber Lead Times for new 96 Strand Fiber is 32 weeks Current 3 Cell Duraline Cond .pit Lead Time is 10 weeks Taxes have been included at 0%. Taxes will be invoiced at actual current percentage rate if higher than the quoted percentage rate. • Weld County Government agrees to pay Sturgeon's Billing for such work within 30 days of the date of such billing. If Weld County Government fails to so pay, it shall be liable to Sturgeon for: Late charges of 1 172% per month on the unpaid balance; any costs and attorney's fees incurred by Sturgeon in collecting and amount due. 'The budget may be withdrawn if not accepted within 30 days. Work will be undertaken upon written acceptance of the proposal. All material is guaranteed to be as specifiec. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements are contingent upn accidents or delays beyond our control. Owner agrees to indemnify and hod the proposer, his employees and agents harmless in the event of bodily injury or property damage arising from the actual, alleged or threatened discharge, dispersal, released or escape of any pollutant as defined in the current ISO policies held by the proposer. !STURGEON ELECTRIC COMPANY. INC. NAME: Roy Bouchard TITLE: SIGNATURE: • Senior Project Manager Roe, b�aucicaicd 1 AUTHORIZED BY COMPANY: Weld County Government Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted, tou are authorized to do the work as specified. Payment will be made as outtMed above PLEASE INDICATE ACCEPTANCE BY SIGNING AND RETURNING ONE (1) COPY TO MY ATTENTION Pagel NAME: TITLE: SIGNATURE: I Steve Moreno BO Cha, 02,oaV Hello