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Home My WebLink About20110592.tiff RESOLUTION RE: APPROVE AGREEMENT AMONG VARIOUS PROVIDERS FOR RUSSIAN OLIVE REMOVAL PROJECT FOR WELD COUNTY YOUTH CONSERVATION CORPS AND AUTHORIZE CHAIR TO SIGN 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 the Russian Olive Removal Project for the Weld County Youth Conservation Corps among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, Employment Services of Weld County, and Western Equipment and Trucking, Barry Schroeder, Joshua James Odean, Lakota Lakes Ranch, and Croissant Farms, commencing February 21, 2011, and ending June 15, 2011, 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 the Russian Olive Removal Project for the Weld County Youth Conservation Corps among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, Employment Services of Weld County, and Western Equipment and Trucking, Barry Schroeder, Joshua James Odean, Lakota Lakes Ranch, and Croissant Farms be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. LC t\S 2011-0592 3 - <3,3-1 I HR0082 AGREEMENT AMONG VARIOUS PROVIDERS FOR RUSSIAN OLIVE REMOVAL PROJECT FOR WELD COUNTY YOUTH CONSERVATION CORPS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of March, A.D., 2011, nunc pro tunc February 21, 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: (�- ≥: LCiailakirkmeyer, hair Weld County Clerk to th L� Sees Sean P. tay, Pro-Tern BY: _ ..,`, Deputy Clerk to the Boa"LAN . ' 1;. / �,•/s cilia . Ga ED AS RM: (IAA David E. Long n Attorney DouglaW2ademacher Date of signature: ' 2011-0592 HR0082 MEMORANDUM 1861 - 2011 DATE February 28, 2011 WEL __—C 0 U N T Y TO: Barbara Kirkmeyer, Chair, Board of County Cornniss. ers I� FR: Judy A. Griego, Director, Department o Huma Servic RE: Agreement between the Weld County Department of Human Services' Youth Conservation Corps and the Department of Agriculture's Natural Resources Conservation Service Enclosed for Board approval is an Agreement between the Department's Youth Conservation Corps and the Natural Resources Conservation Service for the Russian Olive Removal Project. The Agreement for the Russian Olive Removal Project was reviewed by the Board at the January 24, 2011, Work Session. The Weld County Youth Conservation Corps (WCYCC) and the Department of Agriculture, Natural Resources Conservation Service division (Greeley field office), are collaborating on a project to focus on the removal of Russian Olive invasive species along a section of the Big Thompson River, between Johnstown and Milliken. The WCYCC will perform cut-stump treatment of Russian Olive trees on the identified properties. The WCYCC's Chainsaw Crew will also be applying herbicide to the trees to reduce and eliminate re-growth. The WCYCC has obtained approval from five landowners: Western Equipment and Trucking, Barry Schroeder, Joshua James Odean, Lakota Lakes Ranch, and Croissant Farms, who have all signed an agreement for project completion. The contract includes a total of$57,400.00 paid upon project completion to the WCYCC. 2011-0592 AGREEMENT FOR RUSSIAN OLIVE REMOVAL PROJECT WELD COUNTY YOUTH CONSERVATION CORPS THIS AGREEMENT is made and entered into this day of February, 2011, by and between Western Equipment and Trucking, Barry Schroeder, Joshua James Odean, Lakota Lakes Ranch, and Croissant Farms (whose addresses are attached as "Exhibit A") hereinafter referred to collectively as "Contracted Landowners," and the County of Weld, State of Colorado, by and on behalf of the Weld County Youth Conservation Corps, hereinafter referred to as "WCYCC." WITNESSETH: WHEREAS, the Natural Resource Conservation Service ("NRCS") has Federal contracts with each of the Contracted Landowners for the removal of Russian Olive invasive species (hereinafter referred to as "Russian Olives") from their properties listed in the attached Exhibit "A," to promote water conservation (a copy of a sample contract between NRCS and Western Equipment & Truck Co, Inc., is attached hereto as, "Exhibit D"), and WHEREAS, NRCS has accepted a bid from WCYCC with the terms set forth in a "Project Bid," in substantially the form shown on the attached "Exhibit B," and WHEREAS, WCYCC will perform the removal of Russian Olive invasive species, according to the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. TERM: The term of this Agreement shall be from February 21, 2011, through and until June 15, 2011. This Agreement may be extended for additional thirty-day periods, not to exceed 2 additional thirty-day periods, upon mutual written agreement of the parties. The Contracted Landowners agree to allow the WCYCC to access the property to implement the Scope of Work as stated in "Exhibit B." 2. SERVICES PROVIDED BY WCYCC: WCYCC agrees to remove the Russian Olive invasive species on identified properties; a combined total of 63.9 acres through NRCS in exchange for the compensation set forth in Paragraph 3, below. 3. COMPENSATION: NRCS agrees to pay WCYCC, on behalf of the Contracted Landowners, for all services performed hereunder as follows: the removal of Russian Olive invasive species shall be provided at the rates set forth in "Exhibit C." 4. NON-ASSIGNMENT: WCYCC may not assign or transfer this Agreement, any interest therein or claim thereunder, without the prior written approval of the Contracted Landowners. 5. TERMINATION: All identified parties may terminate this Agreement at any time by providing the other party with a 10-day written notice thereof. Furthermore, this - 1 - Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 6. TIME OF THE ESSENCE: Time is of the essence in each and all of the provisions of this Agreement. 7. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement constitutes the entire understanding between the parties with respect to the promises and covenants made therein. No modification of the terms of this Agreement shall be valid unless made in writing and agreed to by both parties. 8. NON-APPROPRIATION: No portion of this Agreement shall be deemed to create an obligation on the part of the Contracted Landowners, or Natural Resource Conservation Service- USDA, to expend funds not otherwise appropriated in each succeeding year. 9. WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of this Agreement shall be deemed to constitute a waiver of any immunities of the Contracted Land Owners or its officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons other than the Contracted Landowners and not a party to this Agreement. 10. PROJECT REPRESENTATIVES: Contracted Landowners will designate, prior to commencement of work, its Project Representatives, who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for interpretations of this Agreement, change orders, and other clarification or instruction shall be directed to the Project Representatives. 11. MONTHLY REPORT: At the request of the Project Representative and commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, WCYCC shall provide Project Representatives with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. 12. ACCEPTANCE NOT WAIVER: Contracted Landowner's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve WCYCC of responsibility for the quality or technical accuracy of the work. Contracted Land Owner's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the Contracted Landowners under this Agreement. 13. RELEASE OF LIABILITY: Upon signed execution, Contracted Landowners, for the purpose of this Agreement, will agree to and enter and agree upon the Release of Liability of WCYCC as provided in the attached "Exhibit D." - 2 - IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of February, 2011. ATTEST: k p'� BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the B,, d� �►� WELD COUNTY, COLORADO � T1%1 /1861 �. rt "` BY /W ti_ %�J,t,,c/ki « ,`. Deputy Cler o the Boa ®t,.➢y ct, ,, Barbara Kirkme4'er, Chad ♦ `�� MAR 022011 4,4,Craig of ow Judrieg , Director Wester quipment and Trucking We 9 Counn Departm nt of Human Services ---) arry hroeder C—ie __Li Perez, Division Hea i / Employment Service of Weld County i I J shua James Odean ji,, / /, Todd Muckler Lakota Lakes Ranch im Croissant Croissant Farms - 3 - "Exhibit A" Big Thompson Russian-olive Removal Project 2011 Contracted Landowners 1/21/2011 Western Equipment and Trucking Craig Sparrow 2055 1st Ave Greeley, CO 80631 970-353-6682 Barry Schroeder 25351 Heritage Ct Johnstown, CO 80534 970-231-5638 Joshua James Odean 24850 CR 15 Ya Johnstown, CO 80534 970-556-5231 Lakota Lakes Ranch Todd Muckier 7288 CR 54 Johnstown, CO 80534 720-530-5831 Croissant Farms Jim Croissant 26442 CR 15 Johnstown, CO 80534 970-218-6507 - 4 - "Exhibit B" DEPARTMENT OF HUMAN SERVICES 1 8 61 2 0 1 I EMPLOYMENT SERVICES OF WELD COUNTY 315B NORTH 11TH AVENUE PO BOX 1805 GREELEY, CO 80632 (970)353-3800 FAX(970)346-7981 WELD,000NTY u Scope of Work: Weld County Youth Conservation Corps (WCYCC) will perform cut-stump treatment of Russian olive trees on the identified properties of the Contracted Landowners, and agreed upon by Natural Resource Conservation Service- USDA. Work is to begin upon the assigned date as noted in the contract. WCYCC's Chainsaw Crew will also be applying herbicide to the trees to reduce and eliminate re-growth. The majority of cut trees will be limbed/bucked and hauled to burn piles outside the high-water line, and other times tree removal will be cut and let lie. It should be noted that WCYCC will not facilitate the burning of stacked trees hauled to the identified burn areas. Project Duration- Estimated completion time shall be equivalent to twelve(12) weeks of on-site operations. - 5 - "Exhibit C" Pifil% Project Bid Date: 01/21/2011 Er: NRCSFieldONoeMarymor 30 days WELD COUNTY YOUTH CONSERVATION CORPS Employment Services of Weld County PO Box 1805/315-B N 11th Ave Greeley, CO 80632 970.353.3800 x6757 ewarrinotonco.weld.co.us PROJECT DESCRIPTION Natural Resource Conservation Service-USDA, has identified five(5)properties along the Big Thompson River through a portion of Weld County,to receive cut-stump treatment removal of Russian Olive phreatophyte trees.The Weld County Youth Conservation Corps, as a contractor,will provide hand removal and slash/burn pile stacking of the identified trees. FIXED COST PROJECT Project Start Project Date End Date Expense 02/21/11 06/15/2011 Western Trucking Inc.—28.6 acres $14,400 Barry Shroeder—8.2 acres $9,400 Joshua James Odean—17.7 acres $21,600 Lakota Lakes Ranch—3 acres $7,200 Croissant Farms—6.4 acres $4,800 Expense Summary: $57,400 Comments: Expense Total: $57,400.00 o,MENT,S,�R Transportation: n/a uj �� Project Base Rate: n/a Silk m w W o oneDO TOTAL BID: $57,400.00 2:140410 oF , 441.D CO' Noe Marymor, NRCS Wildlife Biologist Date Erik Warrington, WCYCC Team Leader Date - 6 - "Exhibit D" Department of Human Services 1861 - 2011 Weld County Youth Conservation Corps 315-B North 17th Ave/ PO Box 1805 Greeley, CO 80632 970.35Greet 3.3800 Fax 970.346.7981 WELD,COUNTY u Warranty Waiver, Liability Release & Hold Harmless Agreement Through my signature below, I state that I understand that improvements and/or maintenance to my home and property and associated work(collectively the"Improvements")will be performed by the Weld County Youth Conservation Corps("Youth Corps"). Specifically,the Improvements will consist of the following: WCYCC will perform cut-stump treatment of Russian Olive trees on the Contracted Landowner's property. WCYCC will also apply herbicide to the trees to reduce and eliminate re-growth. The majority of trees will be limbed/bucked and hauled to burn piles outside the high-water line, some trees will be cut and let lie. Weld County,by and through the Board of County Commissioners of Weld County,the Youth Corps,their officers, directors,employees, agents, donors, sponsors, volunteers and other affiliates(collectively,"WCYCC")hereby expressly disclaim all warranties,expressed or implied, concerning or relating to the Improvements. In consideration for the Improvements, I,on behalf of myself, my heirs, successors and/or assigns,hereby waive, release,and discharge WCYCC from and against all liability for any and all claims, demands, damages,costs, expenses,reimbursements, attorney fees, actions, rights, and causes, arising or growing our of or by reason of, any and all known or unknown expenses, costs, losses, liabilities,claims and the consequences thereof, which may now of hereafter result from or arise out of, directly or indirectly, the Improvements and associated work. I further agree, on behalf of myself,my heirs, successors,and/or assigns,to accept the Improvement work performed on an"as is" basis. I, my heirs, successors, and/or assigns, further agree to indemnify and hold harmless WCYCC from and against any and all claims and liabilities, including without limitation,and rights or causes of action resulting from personal injury or death,or damage to my property, directly or indirectly arising from any improperly or negligently performed repairs of improvements or defects in material or workmanship, arising from or relating to the Improvements and associated work. I hereby state that no inducements or promises have been made to me to secure my signature on this document other than the stated commitment of WCYCC to perform the Improvements free of cost or charge. I also understand and acknowledge that I have fully read and understand the provisions herein, and have had the opportunity to review these provisions with an attorney, if I so desire. 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