HomeMy WebLinkAbout20162514.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR CONSTRUCTION
OF COURT HOLDING CELLS AND AUTHORIZE CHAIR TO SIGN - S2 GENERAL
CONTRACTING, 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 Construction of Court Holding Cells 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 S2 General Contracting, LLC, commencing upon full execution of
signatures and ending December 31, 2016, 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 for Construction of Court Holding
Cells 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
S2 General Contracting, LLC, 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 3rd day of August, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ) " '"n'e'b
Weld County Clerk t the Board
Sean P. Conway, Pro-Tem
BY:\
De uty Clerk to the Board a . `EXCUSED
lie, A. Cozad
Mike Freeman, Chair
APP D • •RM: �ia5i I.-ruy,� �n %ZsL
_�7'��osrr.ara Kirkmaver
ounty Attorney
Date of signature:
Steve Moreno
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2016-2514
BG0018
July 29, 2016
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
To: Board of County Commissioners
From: Toby Taylor
Subject: Courts Holding Cell Remodel Recommendation
This informal bid was performed to obtain pricing to convert an office space into two holding cells. The
low bid received was from S2 General Contracting and meets specifications. Therefore, Buildings &
Grounds is recommending the bid be awarded to S2 General Contracting for $15,250.00.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
2016-2514
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY & S2 -GENERAL CONTRACTING, LLC
CONSTRUCTION OF COURT HOLDING CELLS
THIS AGREEMENT is made and entered into thisoi(D day of , 2010, by and between the
County of Weld, a body corporate and politic of the State of Colorado, by mnd through its Board of County
Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County,"
and S2 -General Contracting, LLC. whose address is 912 38th Ave. #4. 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, 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 construct two
holding cells located in Courts Holding at 915 10th 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 $15,250.00 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.
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.
$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: S2 General Contracting, LLC
Attn.: Seth Dummit, Owner
Address: 912 38th Ave. #4
Address: Greeley, CO 80634
E-mail: sethd@s2gc.com
Phone: 970-576-2273
County:
Name: Toby Taylor
Position: Director of Buildings and Grounds
Address: 1105 H Street
Address: Greeley, CO 80632
E-mail: ttaylor@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 Z, day of
, 2016.
CONTRACT PROFESSIONAL:
S2 General Contracting, LLC
By: -/ 1A
Name:
Title:
Date 7_ ?G -I-6
WELD C�`Ud1C „�,/ .�
ATTEST: ��'"' �C�
Weld C . ty Clerk to the Board
BY:
Deputy C j rk to the Bo
APPROVED AS TO FUND
Controller
APPROVED AS TO FORM:
County Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair
AUG 032016
PPROVED AS TO SUBSTANCE:
Elected fficial or Department Head
&HAI
q
Director of General Services
o2a/4, 02 1 `r
QUOTE FORM
Requested by_Toby Taylor
co
Co
CO
0
gt
M
O
ID
CO
Oc
$ 15,250.00
NOTES:
Work Inclusions: This bid is for constructing 2 new cells in Court Holding.
1. General demolition of current doors & infill with CMU
2. Install 2 new hollow metal doors and 1 existing door (doors, frames and hardware provided by Weld County)
3. Frame new partition with 5/8" sheet rock on both sides
4. Frame new ceiling with 2 layers of sheetrock
5. Paint Interior
6. Relocate 1 fire sprinkler head
7. Electrical
8. OSB temporary wall for security during construction
EA
40
t p.
Growling Bear Co. Inc.
Choice Builders
S2 General Contracting LLC
\:\
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,
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915 10th St
Court Holding Cells
DATE: 7/19/16
TO: Toby Taylor
Weld County
Growling Bear Co. Inc.
GROWLING BEAR PROPOSES TO FURNISH MATERIALS AND PERFORM ALL WORK IN
BASE BID: $
QUOTE 1 Holdine Cells $81.340.00
• Cut in 2 new door opening for holding cells, (doors, frames and hardware provided by county)
• Cut in 1 new door opening into storage closet, ( door, frame, and door hardware provided by GC
• General demolition of rooms
• Installation of new masonry divider wall and infill at new door opening
• Remove and infill removed door frame openings with CMU
• Install new gyp ceilings
• Paint new rooms
• Relocate 1 fire sprinkler head
• Install 2 new lights into space and relocate switches, (lights provided by county)
SCHEDULE OF:
• TBD
ASSUMES:
• After hour work
EXCLUDES:
• Permits
• Taxes
• Bonds
• HVAC Demolition or New work
• Plumbing
ADDENDUM: None
PRICE VALID FOR 30 DAYS FROM DATE SUBMITTED
GARY SHIRONAKA
ESTIMATOR
2330 4th Avenue, Greeley, Colorado 80631 Phone: 970-353-6964 Fax: 970-353-6974
Jul 15 16 03:07a Choice Builder
9703782523 p.1
Proposal
Choice Builders Date: 7-15-16
2125 9th St. Proposal #6-16
Greeley, Colorado 80631
[9701302-7796
Fax: 378-2523
To: Weld County Job Location:
1105HSt. 91510th St
Greeley Co. 80631 Greeley, Co
Attn: Toby Taylor Centennial Plaza West
Fax: 304-6532 Courts Holding Cells
Description of Work:
We hereby propose to supply the some of the material and perform the labor
necessary to create two cells according to walk-through. Our price includes:
1. Remove two grouted metal frames, fill-in and tooth in block work
2. Cut -in three 3'x 7' hollow metal door frames (two frames and masonry
anchors supplied by county) grout jambs and patch block above jambs
3. Install suspended drywall ceiling with two layers of drywall and finished.
4. Move fire sprinkler head
5. Paint new cells and third room, new jambs and doors, and remodeled area
on hall side.
6. Hang three doors, two supplied by county and reuse one existing wood door,
all hardware supplied by county.
7. Electrical
8. 7/16" OSB temporary security, and clean-up
Note: Cut block with electric saw, use water to help control dust, electrical by
Spring Creek Electric, Block work by All American Masonry
Exclusions: HVAC, Plumbing, Floor covering, Alarm systems, permits
All work to be preformed and completed in a substantial work like manner
for the sum of Nineteen Thousand Eight Hundred Fifty Dollars ($19,850.00).
Payment due at completion of proposed work.
Any alteration or deviation from specifications involving cost will become an
extra charge over and above the estimate. Owner to carry fire and other necessary
insurances on above work. Liability insurance on above work to be taken out by
Choice Builders Inc.
Respec ly Spbmitte#Yby C of Builders Inc.
Per 0464" to
The above price, specification an nditiors are satisfactory and are hereby
accepted. You are authorized to do the rk as specified. Payment will be made as
outlined
Accepted/Dated
Signature
GENERAL CONTRACTING ILC
Weld County Jail Proposal
Toby Taylor
S2 proposes to provide labor and material for the following
2 Cell
1. Demo of old doors and infill with CMU
7-17-16
2. Frame new partition with 5/8" sheetrock on both sides. Frame new ceiling with 2 layers of
sheetrock
3. Install new hollow metal door
4. Paint interior
5. Electrical
Total cost for this work is $15,250.00
Excludes
Permits, Taps, Fire Alarm, Cell Doors, Mechanical, Plumbing
Please contact Seth with any questions.
Seth Dummett 7-27-16
Weld County
ACC)R6
�. CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/VYYY)
4/27/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Mitchell Insurance Agency
3835 West 10th St, Suite 200D
Greeley CO 80634
CONTACT Michael Mitchell
PHONE FAX
(A/c. No. Eat): 970-352-6418 I (A/C, No 877-236-5859
E-MAIL mmitchellassoc@gmail.com
ADDRESS: mm@9
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA: Pinnacol Assurance Company
INSURED S2 General Contracting LLC
912 38th Ave. Ct. #4
Greeley CO 80634
INSURER B : Association Insurance Company
INSURERC: Progressive Commercial
INSURER D:
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
SUBR
yyyp
POUCY NUMBER
POLICY EFF
(MMIDD/YYYY)
POLICY EXP
(MM/DD/YYYY)
UMITS
A
✓
COMMERCIAL GENERAL LIABILITY
`i
GLP 0172253 00
05/15/2015
05/15/2016
EACH OCCURRENCE
$ 1,000,000
I CLAIMS -MADE IN OCCUR
PRMMREMISES (GES ()ERENa occurreTED nce)
P
$ 100+ 000
MED EXP (Any one person)
$ 5,000
PERSONAL & ADV INJURY
$ 1,000,000
GEN'L
AGGREGATE LIMIT APPLIES PER:
PRO -
POLICY JECT LOC
OTHER:
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - COMP/OP AGG
$ 2,000,000
$
C
AUTOMOBILE
_
UABIUTY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
J..
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
I I1
1029972040
04/28/2016
04/28/2017
COMBINED SINGLE LIMIT
(Ea acc dent)
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
$
UMBRELLA LIAR
EXCESS LIAB
OCCUR
CLAIMS -MADE
uu
EACH OCCURRENCE
$
AGGREGATE
$
DED El RETENTION $
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNEEXECUTIVE R/
OFFICER/MEMBEREXCLUDED?
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
Y
N I A
1 I
1_J
4175641
07/23/2015
07/23/2016
' I
U STATUTE [J ERH
E.L. EACH ACCIDENT
$ 500,000
E.L. DISEASE - EA EMPLOYEE
$ 500,000
E.L. DISEASE - POLICY LIMIT
$ 500,000
1n'
..
u.0
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required)
CERTIFICATE HOLDER
CANCELLATION
Weld County Goverment
1150 O Street
Greeley, Co 80632
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Michael Mitchell, Owner
ACORD 25 (2016/03)
@ 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Produced using Forms Boss Web software. www.FomrsBoss.com; 7Impressive Publishing 800-208.1977
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