HomeMy WebLinkAbout20123096.tiff RECEIVED
W EL. .,',.INTY
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MEMORANDUM
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G O U_N_T Y TO: Clerk to the Board DATE: October 26, 2012
FROM: David Bauer, P.E., Public Works Director
SUBJECT: BOCC Agenda
This Agreement contracts the Pfannebeckers to perform site reclamation on their property as
required by the State of Colorado, Department of Reclamation and Mining Safety. Notice of
mine permit release will be issued in 15 days. If no responses are received in 30 days, the State's
decision will be final.
Public Works recommends the Board sign this agreement.
M\F rancie\AgendaDaveBauer ace.
2012-3096
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT entered into this day of October, 2012, by and between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, whose address is whose address )4,,1150 "O" Street, Greeley, Colorado, 80631
(hereinafter referred to as "County"), and Phillip Pfannebecker and Sarah Pfannebecker, 24331
Weld County Road 32, LaSalle, Colorado 80645, (hereinafter jointly referred to as
"Contractor").
WHEREAS, County desires to retain Contractor as an independent contractor to perform
reclamation services on the following described real property
An area, depicted on the attached diagram, consisting of approximately 5 acres located in the
South '/2 of the Southwest 'A of Section 18, Township 3 North, Range 64 West of the 6th P.M.,
Weld County, Colorado; also known as: 24331 Weld County Road 32, LaSalle, Colorado 80645.
and
WHEREAS, Contractor has the time available to timely perform the services, and is
willing to perform the services according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Engagement of Contractor. County hereby retains Contractor, and Contractor
hereby accepts engagement by County upon the terms and conditions set forth in this Agreement.
2. Term. The term of this Agreement shall be from October 29, 2012, through and until
December 27, 2012.
3. Services to Be Performed. Contractor agrees to provide the equipment and
materials (including seed and moisture), and to perform the labor required to re-vegetate its
property in order to meet the reclamation standards for confined animal feeding, (hereinafter
referred to as "Services"), established by the Colorado Division of Reclamation and Mining
Safety, (hereinafter referred to as "DRMS"). The provision of said materials, equipment and
labor are more specifically described in the document entitled Contractor's Responsibilities, (a
copy of which is attached hereto and made a part hereof as "Exhibit A").
4. Compensation.
a. County agrees to pay Contractor for its Services, as set forth in Exhibit A,
the amount of Six Thousand Two Hundred Fifty and no/100 Dollars ($6250.00).
Contractor shall not be compensated or reimbursed for any expenses
incurred in the performance of its services set forth in Exhibit A.
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c. County shall pay Contractor as follows: on December 27, 2012.
5. Additional Requirements. Contractor agrees to undertake exclusive responsibility
for the performance of the Services because Contractor and County have determined that
Contractor is best qualified and best suited to ensure the success of the revegetation of the
property described in Exhibit A. Therefore Contractor agrees that it shall assume complete
responsibility for the success of the revegetation efforts; that is shall permanently and
irrevocably release County from all responsibility for further reclamation efforts for the Property;
that it shall support and cooperate with and shall not object to County's efforts to be released
from all future or further obligations to reclaim any of the Contractor's property; and that it shall
specifically support County's request to DRMS for final performance warranty release for the
Pfannebecker Pit(previously permitted under Permit No. 2000-042).
6. Independent Contractor. Contractor agrees that Contractor is an independent
contractor and that neither Contractor nor Contractor's agents or employees are, or shall be
deemed to be, agents or employees of the County for any purpose. Contractor shall have no
authorization, express or implied, to bind the County to any agreement, liability, or
understanding. The parties agree that Contractor will not become an employee of County, nor is
Contractor entitled to any employee benefits from County as a result of the execution of this
Agreement.
7. Warranty. Contractor warrants that services performed under this Agreement will
be performed in a manner consistent with the professional standards governing such services and
the provisions of this Agreement.
8. Insurance and Indemnification. Contractor shall defend and indemnify County, its
officers and agents, from and against loss or liability arising from Contractor's acts, errors or
omissions in seeking to perform its obligations under this Agreement. If required by law,
Contractor shall provide necessary workers' compensation insurance at Contractor's own cost
and expense.
9. Termination. Upon a material breach of the terms of the Agreement, this Agreement
may be terminated immediately at any time by either party upon the service of a written notice to
the party responsible for the breach. In the event of an early termination, Contractor shall not be
entitled to any funds.
10. Non-Assignment. Contractor may not assign or transfer this Agreement, any
interest therein or claim thereunder, without the prior written approval of County.
11. Time of Essence. Time is of the essence in each and all of the provisions of this
Agreement.
12. Notices. Any notice required to be given under this Agreement shall be in writing
and shall be mailed or delivered to the other party at that party's address as stated above.
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13. Compliance. This Agreement and the provision of services hereunder shall be
subject to the laws of Colorado and the Federal Government and be in accordance with the
policies, procedures, and practices of County.
14. Attorneys Fees/Legal Costs. In the event of a dispute between County and
Contractor, concerning this Agreement, County shall not be liable to or responsible for the
payment of attorney fees and/or legal costs incurred by or on behalf of Contractor.
15. Certification. Contractor certifies that Contractor is not an illegal immigrant, and
further, Contractor represents, warrants, and agrees that it has verified that Contractor does not
employ any illegal aliens. If it is discovered that Contractor is an illegal immigrant, employs
illegal aliens or subcontracts with illegal aliens, County can terminate this Agreement and
Contractor may be held liable for damages.
16. Funding Contingency. No portion of this Agreement shall be deemed to create an
obligation on the part of County to expend funds not otherwise appropriated or budgeted for.
17. Entire Agreement/Modifications. This Agreement contains the entire agreement
between the parties with respect to the subject matter contained in this Agreement. This
instrument supersedes all prior negotiation, representation, and understanding or agreements with
respect to the subject matter contained in this Agreement. This Agreement may be changed or
supplemented only by a written instrument signed by both parties.
18. No Conflict. No employee of Contractor nor any member of Contractor's family
shall serve on a County Board, committee or hold any such position which either by rule,
practice or action nominates, recommends, supervises Contractor's operations, or authorizes
funding to Contractor.
19. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such provision,
to the extent that this Agreement is then capable of execution within the parties' original intent.
20. 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.
21. 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.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year written below.
CONTRACTOR:
By: � s
Pht�ifPp P ebecker Sarah Pfannebeck
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Date Date
ATTEST ' BOARD OF COUNTY
CLERK TO TH BOARD COMMISSIONERSOF WELD COUNTY
By: if_ `�Gyl � , :��. / �� By: 4
Deputy Cle/to the Bs-st• Sean P. Conway, Chairman
.AeN` �11 OCT 3 12012
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Exhibit A
Contractor's Responsibilities
Pursuant to the "Agreement for Professional Services", Contractor agrees to provide the
professional services needed for the reclamation of certain rangeland described as follows:
An area, depicted on the attached diagram, consisting of approximately 5 acres located in the
South %2 of the Southwest `/4 of Section 18, Township 3 North, Range 64 West of the 6`h P.M.,
Weld County, Colorado; also known as: 24331 Weld County Road 32, LaSalle, Colorado 80645.
The Services required of Contractor to meet the reclamation standards of the Colorado
Division of Reclamation and Mining Safety for the above-described property are as follows:
1. Contractor shall in its sole discretion prepare the soil located on the above-
described property in a manner determined for planting.
2. Contractor shall in its sole discretion select a seed mixture which it determines
shall successfully grow on the above-described property.
3. Contractor shall obtain and assume sole economic responsibility for the
equipment it deems necessary for the preparation and planting of the seed mixture it selects.
4. Contractor shall inspect, evaluate the condition of the property and protect the
above-described property to ensure the success of its reclamation efforts.
5. Contractor assumes full responsibility for the success of its reclamation efforts.
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