HomeMy WebLinkAbout20161788.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING AGREEMENT FOR PROFESSIONAL
SERVICES FOR SPRINKLER REPAIR AND INSTALLATION - TOTAL MAINTENANCE
LAWN AND LANDSCAPE, LLC
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
for Sprinkler Repair and Installation 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
Buildings and Grounds, and Total Maintenance Lawn and Landscape, LLC, commencing upon
execution and ending with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to reject said agreement, because
the area will be paved and sprinklers are no longer necessary.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Professional Services for Sprinkler Repair and
Installation 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 Buildings and Grounds, and Total
Maintenance Lawn and Landscape, LLC be and hereby is, rejected.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of June, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: da,/{4A) .1�O.� EXCUSED
Mike Freeman, Chair
Weld County Clerk to the Board '
BY:
ar.
uty Clerk to the Board
APPROVED AS TO FORM:
County Attorney
Date of signature: 7/rv//
Sean
zad
EXCUSED
Barbara Kirkmeyer
e Moreno
CC RAJ C T T) 2016-1788
'7/!3/iC, BG0018
DEPARTMENT OF BUILDINGS AND GROUNDS
PHONE: (970) 304-6531
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
May 26, 2016
To: Board of County Commissioners
From: Toby Taylor
Subject: Public Works Irrigation
This informal bid was performed to obtain pricing to install irrigation around the Public Works Addition.
The low bid received was from Total Maintenance Lawn & Landscape and meets specifications. Therefore,
Buildings & Grounds is recommending the bid be awarded to Total Maintenance Lawn & Landscape for
$21,446.00.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
2016-1788
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY & TOTAL MAINTENANCE LAWN & LANDSCAPE LLC
SPRINKLER REPAIR & INSTALLATION
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THIS AGREEMENT is made and entered into this / day of , 201ZP, by and between the
County of Weld, a body corporate and politic of the State of Colorado y and through its Board of County
Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 806 1 hereinafter referred to as "County,"
and Total Maintenance Lawn & Landscape LLC who whose address is 3828 12th Street Drive Greeley, CO,
hereinafter referred to as "Contract Professional".
WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to
perform services as more particularly set forth below; and
WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform
the services, and is willing to perform the services according to the terms of this Agreement.
WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the
time, skill, expertise, and experience necessary to provide the services as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereto agree as follows:
1. Introduction.
The terms of this Agreement are contained in the terms recited in this document and in Exhibit A, of which
forms an integral part of this Agreement. Exhibit A is specifically incorporated herein by this reference. County
and Contract Professional acknowledge and agree that this Agreement, including specifically Exhibit A, define
the performance obligations of Contract Professional and Contract Professional's willingness and ability to meet
those requirements.
Exhibit A consists of Contract Professional's Response to County's Request for quote to repair & install
the sprinkler system located at 1111 H Street Greeley, CO. The Response confirms Contract Professional's
obligations under this Agreement.
2. Service or Work. Contract Professional agrees to procure the materials, equipment and/or products necessary
for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform
and complete the project described in Exhibit A which is attached hereto and incorporated herein by reference.
Contract Professional shall coordinate with Weld County to perform the services described on attached Exhibit
A. Contract Professional shall faithfully perform the work in accordance with the standards of professional care,
skill, training, diligence and judgment provided by competent Contract Professionals performing services of a
similar nature to those described in this Agreement. Contract Professional shall further be responsible for the
timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibit A
within the time limits prescribed by County may result in County's decision to withhold payment or to terminate
this Agreement.
3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County,
and shall continue through and until Contract Professional's completion of the responsibilities described in
Exhibit A. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado
prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore,
within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract
Professional if it wishes to renew this Contract.
4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days
written notice. Furthermore, this Agreement may be terminated by either party at any time with notice upon a
material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contract
Professional the right to provide services under this Agreement beyond the time when such services become
unsatisfactory to the County.
If this Agreement is terminated by County, Contract Professional shall be compensated for, and such
compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and
which have been approved by the County; (2) the reasonable value to County of the services which Contract
Professional provided prior to the date of the termination notice, but which had not yet been approved for
payment; and (3) the cost of any work which the County approves in writing which it determines is needed to
accomplish an orderly termination of the work. County shall be entitled to the use of all material generated
pursuant to this Agreement upon termination.
Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by
County which Contract Professional is using, by whatever method it deems expedient; and, Contract Professional
shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this
Agreement, together with all other items, materials and documents which have been paid for by County, and these
items, materials and documents shall be the property of County. Copies of work product incomplete at the time
of termination shall be marked "DRAFT -INCOMPLETE."
Upon termination of this Agreement by County, Contract Professional shall have no claim of any kind
whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except
for compensation for work satisfactorily performed and/or materials described herein properly delivered.
5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed
by both parties. No additional services or work performed by Contract Professional shall be the basis for additional
compensation unless and until Contract Professional has obtained written authorization and acknowledgement by
County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any
additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase
in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County
for such additional services is not timely executed and issued in strict accordance with this Agreement, Contract
Professional's rights with respect to such additional services shall be deemed waived and such failure shall result
in non-payment for such additional services or work performed. 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 Contract Professional 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 Contract Professional 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
6. Compensation/Contract Amount. Upon Contract Professional's successful completion of the services,
and County's acceptance of the same, County agrees to pay an amount no greater than $21,446.00 which is the
bid. Contract Professional acknowledges no payment in excess of that amount will be made by County unless a
"change order" authorizing such additional payment has been specifically approved by the Director of Weld
County Buildings & Grounds, or by formal resolution of the Weld County Board of County Commissioners, as
required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event
shall County be liable for payment for services rendered and expenses incurred by Contract Professional under
the terms of this Agreement for any amount in excess of the sum of the bid. Contactor acknowledges that any
work it performs beyond that specifically authorized by County is performed at Contract Professional's risk and
without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or
penalties of any nature other than the compensation stated herein.
If, at any time during the term or after termination or expiration of this Agreement, County reasonably
determines that any payment made by County to Contract Professional was improper because the service for
which payment was made did not perform as set forth in this Agreement, then upon written notice of such
determination and request for reimbursement from County, Contract Professional shall forthwith return such
payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County,
if any, shall forthwith be returned to County.
County will not withhold any taxes from monies paid to the Contract Professional hereunder and Contract
Professional agrees to be solely responsible for the accurate reporting and payment of any taxes related to
payments made pursuant to the terms of this Agreement.
Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations
under this Agreement after, nor shall any payments be made to Contract Professional in respect of any period
after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted
by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes,
the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado
Constitution, Article X, Sec. 20)
7. Independent Contract Professional. Contract Professional agrees that it is an independent Contract
Professional and that Contract Professional's officers, agents or employees will not become employees of County,
nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contract
Professional shall perform its duties hereunder as an independent Contract Professional. Contract Professional
shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to
this Agreement. Contract Professional, its employees and agents are not entitled to unemployment insurance or
workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage
for Contract Professional or any of its agents or employees. Unemployment insurance benefits will be available
to Contract Professional and its employees and agents only if such coverage is made available by Contract
Professional or a third party. Contract Professional shall pay when due all applicable employment taxes and
income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contract Professional shall
not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as
expressly set forth in this Agreement. Contract Professional 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.
8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of Contract Professional. Contract Professional shall not
enter into any subcontractor agreements for the completion of this project without County's prior written
consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable
discretion to approve all personnel assigned to the subject project during the performance of this Agreement and
no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the project.
Contract Professional shall require each subcontractor, as approved by County and to the extent of the Services
to be performed by the subcontractor, to be bound to Contract Professional by the terms of this Agreement, and
to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, by
this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the
provisions of this Agreement against any subcontractor hired by Contract Professional and Contract
Professional shall cooperate in such process. The Contract Professional shall be responsible for the acts and
omissions of its agents, employees and subcontractors.
9. Ownership. All work and information obtained by Contract Professional under this Agreement or
individual work order shall become or remain (as applicable), the property of County. In addition, all reports,
documents, data, plans, drawings, records and computer files generated by Contract Professional in relation to
this Agreement and all reports, test results and all other tangible materials obtained and/or 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. Contract Professional shall not make use of such material
for purposes other than in connection with this Agreement without prior written approval of County.
10. Confidentiality. Confidential financial information of the Contract Professional should be transmitted
separately from the main bid submittal, clearly denoting in red on the financial information at the top the word,
"CONFIDENTIAL." However, Contract Professional is advised that as a public entity, Weld County must
comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the
confidentiality of all documents. Contract Professional agrees to keep confidential all of County's confidential
information. Contract Professional agrees not to sell, assign, distribute, or disclose any such confidential
information to any other person or entity without seeking written permission from the County. Contract
Professional agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature
of this confidential information and of the restrictions imposed by this agreement.
11. Standard of Care. Contract Professional warrants that the 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. Contract Professional further represents all services shall be performed by qualified personnel in
a professional and workmanlike manner, consistent with industry standards, and that all services will conform to
applicable specifications.
12. Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional 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(s) furnished under this Agreement shall not in any way relieve Contract
Professional of responsibility for the quality and accuracy of the project. In no event shall any action by County
hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which
may then exist on the part of Contract Professional, and County's action or inaction when any such breach or
default shall exist shall not impair or prejudice any right or remedy available to County with respect to such
breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or
conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the
County of, or payment for, the services completed 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.
13. Insurance and Indemnification. Weld County and the State must be named as additional insured on the
Commercial General Liability policies (leases and construction contracts require additional insured coverage for
completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Contract Professionals must
secure, at or before the time of execution of any agreement or commencement of any work, the following
insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals
shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension
thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to
do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Should any of the above -
described policies by canceled or should any coverage be reduced before the expiration date thereof, the Contract
Professional shall send written notice to the Weld County Director of General Services by certified mail, return
receipt requested. Such written notice shall be sent within thirty (30) days upon receipt of such cancellation from
carrier or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If
any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract
Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured retention.
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County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the
amount of the deductible or self -insured retention to guarantee payment of claims.
The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do
not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits
contained herein are sufficient to protect them from liabilities that might arise out of the performance of the
work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors.
The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher
limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations
assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient
amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds
or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement.
Any modification to these requirements must be made in writing by Weld County.
The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract
Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services
provided, the timely delivery of said services, and the coordination of all services rendered by the Contract
Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or
other deficiencies.
INDEMNITY: The Contract Professional shall indemnify and hold harmless County, its officers, and
employees, from and against injury, loss damage, or liability of Contract Professional arising out of the work
done in fulfillment of the terms of this Contract, to the extent caused by a negligent act, error, or omission, or on
account of any claim or amount arising or recovered under workers' compensation law or arising out of the
failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The
Contract Professional shall be fully responsible and liable for injuries or damage received or sustained by any
person, persons, or property on account of its performance under this Agreement or its failure to comply with
the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in
its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts
arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This
paragraph shall survive expiration or termination hereof. In consideration of the award of this contract, the
Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated
entities, successors, or assigns, its elected officials, trustees, employees, and volunteers for losses arising from
the work performed by the Contract Professional for the County. A failure to comply with this provision shall
result in County's right to immediately terminate this Agreement.
Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of
any Agreement, insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance
covering all of the Contract Professional's employees acting within the course and scope of their
employment. Policy shall contain a waiver of subrogation against the County. This requirement shall
not apply when a Contract Professional or subcontractor is exempt under Colorado Workers'
Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate
sole proprietor waiver form.
Commercial General Liability Insurance shall include bodily injury, property damage, and liability
assumed under the contract.
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$1,000,000 each occurrence;
$2,000,000 general aggregate;
$2,000,000 products and completed operations aggregate;
$1,000,000 Personal Advertising injury
Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per
person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to
all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned
vehicles used in the performance of this Contract.
Contract Professionals shall secure and deliver to the County at or before the time of execution of this
Agreement, and shall keep in force at all times during the term of the Agreement as the same may
be extended as herein provided, a commercial general liability insurance policy, including public
liability and property damage, in form and company acceptable to and approved by said Administrator,
covering all operations hereunder set forth in the related Bid or Request for Proposal.
Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate
of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator
in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor
liability, and inland marine, Contract Professional's insurer shall name County as an additional
insured.
Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation
rights against County.
Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other
entities providing goods or services required by this Agreement shall be subject to all of the requirements
herein and shall procure and maintain the same coverage's required of Contract Professional. Contract
Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors
suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the
required coverages. Contract Professional agrees to provide proof of insurance for all such
subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon
request by the County.
14. Non -Assignment. Contract Professional may not assign or transfer this Agreement or any interest therein or
claim thereunder, without the prior written approval of County. Any attempts by Contract Professional to assign
or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically
terminate this Agreement and all rights of Contract Professional hereunder. Such consent may be granted or
denied at the sole and absolute discretion of County.
15. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized
representative of County, including the County Auditor, shall have access to and the right to examine and audit
any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this
Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment
received.
16. Interruptions. Neither party to this Agreement shall be liable to the other for delays 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.
17. Notices. 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, Director of Weld County Department of Buildings & Grounds, or his designee. All notices
or other communications (including annual maintenance made by one party to the other concerning the terms and
conditions of this contract shall be deemed delivered under the following circumstances:
(a) personal service by a reputable courier service requiring signature for receipt; or
(b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a
party at the address set forth in this contract; or
(c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is
required by the sending party; or
(d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is
required by the sending party.
Either party may change its notice address(es) by written notice to the other.
Notification Information:
Contract Professional: Total Maintenance Lawn & Landscape LLC
Attn.: Leonard Walker
Address: 3 828 12th Street Drive
Address: Greeley, CO 80634
E-mail: total maintenancerii,hotmaiI.com
Phone: (970) 388-6379
County:
Name: Toby Taylor
Position: Director of Buildings and Grounds
Address: 1105 H Street
Address: Greeley, CO 80632
E-mail: ttaylor(d)co.weld.co.us
Facsimile: 970-304-6532
18. Compliance with Law. Contract Professional shall comply with all applicable federal and State laws, rules
and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination
and unfair employment practices.
19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contract
Professionals or persons to perform services of the same or similar nature.
20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated
herein, contains the entire agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and understandings 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.
21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this
Agreement by County does not create an obligation on the part of County to expend funds not otherwise
appropriated in each succeeding year.
22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The
signatories to this Agreement aver that to their knowledge, 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. County
has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere
with the performance of Contract Professional's services and Contract Professional shall not employ any person
having such known interests. During the term of this Agreement, Contract Professional shall not engage in any in
any business or personal activities or practices or maintain any relationships which actually conflicts with or in
any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contract
Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate
termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional's
family shall serve on a County Board, committee or hold any such position which either by rule, practice or action
nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract
Professional.
23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable
by a court of competent jurisdiction, 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.
24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
25. 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 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.
26. 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 or its designee.
27. Choice of Law/Jurisdiction. 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.
In the event of a legal dispute between the parties, Contract Professional agrees that the Weld County District
Court shall have exclusive jurisdiction to resolve said dispute.
28. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and agrees
that it does not knowingly employ or contract with an illegal alien who will perform work under this
contract. Contract Professional will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Agreement, through participation in the E -Verify
program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contract
Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement
or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor
shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract
Professional shall not use E -Verify Program or State of Colorado program procedures to undertake pre-
employment screening or job applicants while this Agreement is being performed. If Contract Professional
obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly
employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within
three (3) days that Contract Professional has actual knowledge that a subcontractor is employing or contracting
with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting
with the illegal alien within three (3) days of receiving notice. Contract Professional shall not terminate the
contract if within three days the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien. Contract Professional shall comply with reasonable
requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado
Department of Labor and Employment. If Contract Professional participates in the State of Colorado program,
Contract Professional shall, within twenty days after hiring an new employee to perform work under the contract,
affirm that Contract Professional has examined the legal work status of such employee, retained file copies of the
documents, and not altered or falsified the identification documents for such employees. Contract Professional
shall deliver to County, a written notarized affirmation that it has examined the legal work status of such
employee, and shall comply with all of the other requirements of the State of Colorado program. If Contract
Professional fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may
terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and
consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contract
Professional receives federal or state funds under the contract, Contract Professional must confirm that any
individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to
C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contract
Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a
citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b)
shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce
one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract.
29. Compliance with Davis -Bacon Wage Rates. Contract Professional understands and agrees that, if required
the work shall be in compliance with the Davis- Bacon Wage Rates.
30. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contract Professional, concerning
this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal
costs incurred by or on its own behalf.
31. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial
body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null
and void.
32. Acknowledgment. County and Contract Professional acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached
Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all
proposals or prior agreements, oral or written, and any other communications between the parties relating to the
subject matter of this Agreement.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this / T day of
, 201te
CONTRACT PROFESSIONAL:
Total Maintenance Lawn & Landscape LLC
By: _ L/ ex--- Date //%4 -
Name:
Title:
WELD COUNTY:
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FUNDING:
Controller
AP I ) VED • _: TO FORM:
County Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AGREEMENT REJECTED 06/13/2016
Sean P. Conway, Pro-Tem
APPROVED AS TO SUBSTANCE:
Elected ff�or Department Head
Director of General Services
JUN 1 3 L 1i5
7fff
QUOTE FORM
Requested by_Toby Taylor,
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CO
$22,285.00
$25,338.00
NOTES:
1. Work Inclusions: Installation & repair of irrigation system along H Street, 1111 H Street
• 560' of PVC mainline, 2250' of PVC service lines
• 8-2" Rainbird PESB valves, 4 -valve boxes, 4825' of single strand valve wire
• 72-Rainbird 5000 rotor spray heads, 30-Rainbird 1804 pop up spray heads
• 2- road bores
Estimates include Equipment, Materials, Labor & Deliveries
Contractor
Total Maintenance Lawn & Landscape LLC
Northern Colorado Lawn Sprinkler
All Terrain Ponds, Sprinklers & Landscape
Scope Of Work:
Public Works Sprinkler
System Repair &
Installation
TOTAL MAINTENANCE
LAWN AND LANDSCAPE LLC
3828 12TH STREET DRIVE
GREELEY, CO 80634
PHONE: 970-388-6379 MIKE
total_maintenance@hotmail.com
IRRIGATION PROPOSAL
PROJECT NAME:
WELD COUNTY PUBLIC WORKS
ATTN: CURTIS MATA
cmata@weldgov.com
1111 H STREET
GREELEY, CO 80631
MAY 6, 2016
The following is a scope of items to be included in the irrigation proposal.
Installation of irrigation system along H street at 1111 H Street, Greeley, CO 80631
• 560' of PVC mainline, 2,250' of PVC service zone lines.
• 8-2" Rainbird PESB valves, 4 -Valve boxes, 4,825' of single strand valve wire.
• 72- Rainbird 5000 rotor spray heads, 30- Rainbird1804 pop up spray heads.
• 2- road bores
ESTIMATE TOTALS
EQUIPMENT, MATERIALS, LABOR, & DELIVERIES = $ 21,446.00
OWNER'S RESPONSIBILITIES AND ASSUMPTIONS:
• Irrigation proposal does not include permitting for street boring.
• Property owner's to notify Total Maintenance of any private underground lines.
• Property owner's to contact Underground Locates Facility prior to any underground work.
• Owner's assume the system will be installed with a trencher, pipe puller and will not include
any turf repairs or restorations.
• Assumes the water source, "pump" is filtered, capable of producing 65 GPM with a dynamic
PSI of 55 at the irrigation head.
• Parts and labor pertaining to pump and irrigation controller is not included in the irrigation
proposal.
• Parts not included in the proposal will be charged at a rate of time plus materials.
NOTE:
Any alterations from above specifications involving extra costs will be executed only upon
written change orders signed by Total Maintenance owners and Property owners and will
become additional charges over and above original project estimate.
All agreements are contingent upon any delays or accidents beyond the control of Total
Maintenance Lawn and Landscape LLC.
All collection costs associated with past due fees in regard to this proposal will be paid by
Owner. Payment to be maid for all services performed within 10 days of receipt of invoice.
This proposal may be withdrawn by Total Maintenance Lawn and Landscape LLC if not
accepted within 15 days .
AUTHORIZED SIGNATURE(S) DATE
Northern Colorado Lawn Sprinkler, LLC
2133 72nd Ave. Ct.
Greeley, CO 80634
Name / Address
Weld County Buildings and Grounds
Weld County Purchasing
Attention: Toby Taylor
1105 H Street
Greeley, CO 80631
Estimate
Date
Estimate #
4/30/2016
234-2026
Project
Description
Qty
Rate
Total
Purpose of Estimate: Reconstruction/Installation of Irrigation Sytem
at Weld County Public Works Building 111H Street Greeley
0.00
0.00
Colorado. We propse to provide the labor and materials to complete
the following:
Reestablish/repair /installation of irriation wire and electrical
connections outside base of structure, repair electrical connections
in all valve boxes with water proof connectors, multi and single
conductor irrigation wire, pull and install new irrigation wire where
necessary to power new zones, Install Ametek Valve Boxes for
splices and established zones to include trenching/pulling and
boring:
5,685.00
5,685.00
Repair/reestablish/install present mainline to provide for new
stations and continue mainline to include: 2" Class 200 PVC at 400
feet, glue/primer, Teflon and Manifold T's, Install 4 Rainbird
4,200.00
4,200.00
200PESB 24 VAC Scrubber Solenoid Vavles, Ametek Round Valve
Boxes, PVC Fittings, Trenching, Boring and Backfill:
Installation of 4 Complete Irrigation Zones at 50 gpm to include:
7,200.00
7,200.00
Rainbird 5004 Commerical Rotors, Spears Fittings, 2" x 1/4" Zone
Manfolds, 25 Heads per zone at rate of 2.0-4 gpm, swing pipe -80
psi NSF connections, Trenching, Boring and Pipe Pulling/Proper
Backfill:
Reconstruction of 2 Exsisting zones: Signage and South of
2,100.00
2,100.00
Entrance -to include: 80 psi laterals, Rainbird 5004 Rotors and
Spears Fittings, Trenching, Pulling, Proper Backfill:
Possible Directional Bore Under 111 H Street Entrance: 2 -Bores- 1
3,100.00
3,100.00
Bore Irrigation Conduit and 1 Bore Electrical Conduit -These bores
will be necessary if present mainline has been damaged in
installation of sewer line under street entrance of structure
We appreicate you business! In our 22nd year our families would like to thank you!
Total
$22,285.00
Olf/IS
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Lle. ..cI r i. i rr mat C)Yi
Northern Colorado Lawn
Sprinkler
Quality Installation, Service and Winterization
Estimate Prepared for:
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30 z- 6s-/ O
illeamitems•-
The irrigation Innovators
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SYSTEMS
Proudly Serving Northern Colorado for 22 Years!
Mike Stieb and Scott Inloes
970-396-5836 - 970-302-1398
Northern Colorado Lawn Sprinkler Estimate Process:
Plumbing and Backflow Options:
Static Water Pressure: J 1) GPM Water Source:
Code Requirements:
/1/on- �of�<Sysiem
Estimated Number of Zones/Stations (Location and Description):
09„ &tin Z .vs//J-
- //7 ST41/ 2/ //41J 2G"0.S Gt o2
AIArS /340, -
toe //
Controller and Electrical Option
Mainline/Laterals (Location, Size and Type):
O2I' frrpre 0/, c s p2e2.0 /2_ap S
",re
Valving, Manifold, Valve Boxes (Location, Size and Type):
/a1/4111a/ 2-°° /2f58
Head Requirements (Location, Size and Type):
5 000 Series 'rioter
a ; h;-) 5-00V PC„
(10 pi er i\
a
Right Choice Options (Boring, Trenching, Soil Types, Sun Exposure, Obstructions, Plant Types):
—� ��� ,4 r, ve GtJDOS
.cam. - 7 c-3. E_._ c x11& -s -=3 .cam f- G. ci: Mff- i i ce: �- . �.-� "1r -M
Estimation Worksheet:
What are the advantages of an open and closed system?
What is winterization? What is the self draining concept?
What are the differences in poly and PVC pipe?
What are potable and non -potable water sources?
What are the differences in gallons per minute, psi and volume?
What is static water pressure?
What plumbing is necessary by code, proper operation and ease of use?
What permits, certifications and HOA restrictions are required?
What choices do we have for heads (rotors, rotary, mini -rotors, gear drives, micro -sprays)?
Why is irrigation wire important? What is the electrical make-up of my system?
What choices do we have in selecting controllers? Rain sensors? Wi-fl and remote??
What choices do I have in selecting valves? Potable, no -potable, scrubber and flow control?
What guarantees, warrantees do I receive on parts and labor?
What is the longevity of my system?
What water saving/money saving and conservation techniques should I expect from the system?
What conservation rebates are available?
What support does the installer provide after installation is complete?
What service and maintenance will the system require in the future?
What are the owner's responsibilities before, during and after the installation?
What are the responsibilities of the contractor ( utilities, permits and plumbing)?
What payment options are available?
Has the contractor done similar work in my area?
Can the contractor provide references?
What is the training experience of the contractor and employees?
THIS WORKSHEET IS PART OF AN ESTIMATION AND DESIGN PROCESS CREATED BY NORTHERN COLORADO LAWN SPRINKLER.
RAINBIRD HAS GRANTED PERMISSION TO NORTHERN COLORADO LAWN SPRINKLER TO USE ALL LOGOS AND TRADEMARKS FOR
ESTIMATION AND ADVERTISEMENT PURPOSES.
RA/N4tB/RD
The Northern Colorado Lawn Sprinkler Difference!
RA/N4tB/RD
SUCCESS FOR US MEANS DOING RIGHT BY THE CUSTOMER AND
BEING ENVIRONMENTALLY RESPONSIBLE FOR YEARS TO COME!
WE PROVIDE WHAT OTHER COMPANIES CANNOT OR SIMPLY WILL NOT.
*Our reputation as one of the premier irrigation companies in Northern Colorado is based
on our belief that people deserve quality service for money hard earned.
*We live and work in this community and believe an irrigation system is only as good as the
people who install it. A poorly designed and installed system proves to be less desirable than
no system at all.
*We consistently complete over 1,000 service calls per season. For the past 22 years this
gives us the opportunity to see the work of our competitors and homeowners. We have the
experience and expertise to provide customers what others will not or cannot!
*A professionally installed system is a custom engineered product. It requires skill and
education. Don't let a bargain price pressure you into an inferior system.
*The average irrigation system contains over 1,200 components from plumbing to electrical.
We stand behind the products and processes of our installation. If something's not right, we
will make it right!
*Customers two largest concerns are quality and financial responsibilities. We understand
these concerns. Our goal is to provide you with quality workmanship and products you can
count on for years to come!
C ALL
TERRAIN
Ponds. Sprinklers
a. Landscaping
5312 W 9th St Dr Unit 130
Greeley, CO 80634
Phone: 970-304-1183
Fax: 970-356-2828
www.ATPSlandscaping.com
Project Name:
Weld County
ATTN: Chris Mata
1111 Hst
Greeley, CO 80631
We Hereby Propose to:
Installation of the irrigation system along the east side of 1111 Hst to include:
-Approximately 600 ft of PVC mainline, 130 Rainbird 5000's, 34 Rainbird 1804's, 7- 2" Rainbird
PESB valves, 2,100 ft of PVC zone lines, 5,061 ft of single strand wire and 2 road bores.
Proposed Total Cost
Total Cost- $25,338.00
Owner's Responsibilities/Assumptions:
- Assumes the system will be installed using a trencher and does not include any sod restoration
- Any parts not listed above will be billed at a rate of time plus materials
- Owner to notify All Terrain of any private lines
- Proposal does not include any parts or labor pertaining to the controller and or pump
- Proposal does not include any permitting for street bores
- Assumes the pump can produce 60 gpm with a dynamic psi of 55 at the irrigation head
Authorized Signature: Date:
Note: This proposal may be withdrawn by us if not accepted within ten (10) days. All
material is guaranteed to be as specified. All work is 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 upon
strikes, accidents or delays beyond our control. Owner is expected to carry fire, tornado and other necessary insurance.
Work is not covered against acts of God or other natural disasters. Our workers are to be fully covered by workmen's
compensation insurance. All collection costs associated with past due fees with regard to this proposal will be paid by
Owner. Payment for all services is to be paid within 10 days of receiving an invoice.
6
,'4 Irrigation
OSHA
CERTIFICATE OF LIABILITY INSURANCE
American Family Insurance Company ❑
American Family Mutual Insurance Company if selection box is not checked.
6000 American Pky Madison, Wisconsin 53783-0001
Agent's Name, Address and Phone Number (Agt./Dist.)
Keith D Montey Jr
3011 W 10th St Ste 112
Greeley, CO 80634
(970) 353-1533 (140/309)
This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder.
This certificate does not amend, extend or alter the coverage afforded by the policies listed below.
This is to certify that policies of insurance listed below have been issued to the insured named above for the policy period indicated, notwithstanding any requirement, term or condition of any contract or other
document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies.
POLICY DATE
TYPE OF INSURANCE
POLICY NUMBER
LIMITS OF LIABILITY
EFFECTIVE
EXPIRATION
(Mo, Day, Yr)
(Mo, Day, Yr)
Homeowners/
Bodily Injury and Property Damage
Mobilehomeowners Liability
Each Occurrence $ ,000
Boatowners Liability
Bodily Injury and Property Damage
Each Occurrence $ ,000
Bodily Injury and Property Damage
Personal Umbrella Liability
Each Occurrence $ 000
Farm Liability & Personal Liability
Farm/Ranch Liability
Each Occurrence $ ,000
Farm Employees Liability
Each Occurrence $ ,000
Statutory «».«..«.
Workers Compensation and
Each Accident $ ,000
Employers Liability t
Disease - Each Employee $ ,000
Disease - Policy Limit $ ,000
General Liability
General Aggregate $ 2,000,000
El Commercial General
Products - Completed Operations Aggregate $ 2,000,000
Liability (occurrence)
05-XP5222-01 01
05/31/2016
06/10/2017
Personal and Advertising Injury $ 1,000,000
■
Each Occurrence $ 1,000,000
■
Damage to Premises Rented to You $ 50,000
Medical Expense (Any One Person) $ 5,000
Businessowners Liability
Each Occurrencett $ 000
Aggregatett $ ,000
Liquor Liability
Common Cause Limit $ ,000
Aggregate Limit $ ,000
Automobile Liability
Bodily Injury - Each Person $ 1,000,000
• Any Auto
Bodily Injury - Each Accident $ 1,000,000
■ All Owned Autos
❑x Scheduled Autos
Property Damage $ 1,000,000
05-XP5222-02
05/31/2016
05/31/2017
■ Hired Auto
■ Nonowned Autos
Bodily Injury and Property Damage Combined $ ,000
■
Excess Liability
• Commercial Blanket Excess
Each Occurrence/Aggregate $ ,000
■
Other (Miscellaneous Coverages)
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / RESTRICTIONS / SPECIAL ITEMS
"Ad
ditional of Weld and Board of County Commissioners are listed as
tThe individual or partners IIHave
shown as insured elected to
be covered under this policy. ■ Have not
Insureds"
ttProducts-Completed Operations aggregate
is equal to each occurrence limit and is
included in policy aggregate.
County Of Weld & Board
■ Should any of the above described policies be cancelled before the expiration date
thereof, the company will endeavor to mail *( days) written notice to the Certificate
of County
Commissioners
Holder named, but failure to mail such notice shall impose no obligation or liability of any kind
upon the company, its agents or representatives. *10 days unless different number of days
1150 O Street
nC
Greeley Co 80631
Shown.
El
This certifies coverage on the date of issue only. The above described policies are
to cancellation in conformity with their terms and by the laws of the state of issue.
subject
DATE ISSUED
AUTHORIZED REPRESENTATIVE
05/31/2016
Keith Montey Jr.
Insured's Name and Address
Walker, Leonard DBA Total Maintenance
3828 12th St Dr.
Greeley, CO 80634
U-201 Ed. 5/00
Stock No. 06668 Rev. 7/02
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
WELD COUNTY AND TOTAL MAINTENANCE LAWN AND LANDSCAPE LLC
RE: #13 OF EXHIBIT "A"
Total Maintenance Lawn and Landscape LLC operates as a sole proprietor business and is
exempt under the Colorado Workers Compensation Act.
Leonard (Mike) Walker owner of the business does not employ any W2 employees.
All work on the project stated above will be performed by Mike Walker and his son
Drew Walker.
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE OF FACT OF GOOD STANDING
I, Wayne W. Williams, as the Secretary of State of the State of Colorado, hereby certify that, according
to the records of this office,
Total Maintenance Lawn & Landscape LLC
is a
Limited Liability Company
formed or registered on 05/23/2013 under the law of Colorado, has complied with all applicable
requirements of this office, and is in good standing with this office. This entity has been assigned entity
identification number 20131305758 .
This certificate reflects facts established or disclosed by documents delivered to this office on paper through
05/26/2016 that have been posted, and by documents delivered to this office electronically through
05/31/2016 @ 05:15:51 .
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this
official certificate at Denver, Colorado on 05/31/2016 @ 05:15:51 in accordance with applicable law.
This certificate is assigned Confirmation Number 9673584
Secretary of State of the State of Colorado
*********************************************End of Certificate*******************************************
Notice: A certificate issued electronicallyjrom the Colorado Secretary of State's Web site is fully and immediately valid and effective.
However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a
Certificate page of the Secretary of State's Web site, http:-%ii'ww.sos.state.co.us;'biz'CertificateSearchC'riieria.do entering the certificate's
confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely
optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http:/'
ii'ww.sos.state.co. us/ click "Businesses, trademarks, trade names" and select "Frequently Asked Questions."
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