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HomeMy WebLinkAbout20092029.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN - BIJOU IRRIGATION COMPANY, AND BIJOU IRRIGATION DISTRICT 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 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, Weld County Youth Conservation Corps, the Bijou Irrigation Company, and the Bijou Irrigation District, commencing August 3, 2009, and ending August 14, 2009, 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 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, Weld County Youth Conservation Corps, the Bijou Irrigation Company, and the Bijou Irrigation District 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 10th day of August, A.D., 2009, nunc pro tuns August 3, 2009. ATTEST: Wel. County Clerk to the Bo BY: De APPROV ounty Attorney Date of signature 1100 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO EXCUSED William F. Garcia '66ugl Chair Rademach r, Pro-Tem Sean P. Conway EXCUSED B ara Kirkmeyer David E. Long ( cl) oo. 0-(10-Lx0 2009-2029 H R0080 °Oat to MEMORANDUM °la:'Tig DATE: T: WIID€FROM COLORADO RE August 5, 2009 William F. Garcia, Chair, Board of ouu Coiss]ers Judy A. Griego, Director, Human rvices partme Agreement for Professional Services between the Board of Weld County Commissioners on Behalf of the Weld County Department of Human Service's Weld County Youth Conservation Corps and Bijou Irrigation Company Enclosed for Board approval is an Agreement for Professional Services between the Board of Weld County Commissioners on behalf of the Department's Weld County Youth Conservation Corps (WCYCC) and Bijou Irrigation Company. This Agreement will allow the Weld County Youth Conservation Corps to complete cut -stump removal and treatment of Russian Olive trees on the property and along the canals of Bijou Irrigation Company and the Bijou Irrigation District. The location of the project is from Weld County Road 61 at the South Platte River Crossing -Empire Intake Canal to the Empire Reservoir dyke at the Weld/Morgan County line and the Bijou Company Canal at the Weld/Morgan County line. The planned project time is in August 2009 and the Agreement provides for reimbursement of $2,000.00. If you have any questions, give me a call at extension 6510. 2009-2029 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 3 day of August, 2009, (or as soon as this agreement is executed) by and between Bijou Irrigation Company and Bijou Irrigation District, whose address is PO Box 972, Fort Morgan, CO, 80701, hereinafter referred to as "Project Sponsor," and the County of Weld, State of Colorado, by and on behalf of the Weld County Youth Conservation Corps, whose address is 1551 North Seventeenth Avenue, Greeley Colorado 80632, hereinafter referred to as "WCYCC." WITNESSETH: WHEREAS, Project Sponsor is in need of hiring an independent contract professional to perform the following "Professional Services:" the professional services listed in the Scope of Services attached hereto and referred to herein as "Exhibit A," as ordered by Project Sponsor in accordance with the terms set forth in a "Project Bid," in substantially the form shown on the attached "Exhibit B," and WHEREAS, WCYCC has the time available and is willing to perform the Professional Services, according to the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. TERM: The term of this Agreement shall be from August 3, 2009, through and until August 14, 2009. This Agreement may be extended for additional thirty -day periods, not to exceed two additional thirty -day periods, upon mutual written agreement of the parties. Changes in compensation for extension terms shall be negotiated by and agreed to by both parties. 2. SERVICES PROVIDED BY WCYCC: WCYCC agrees to perform the Professional Services for the compensation provided below. WCYCC agrees to provide Professional Services in accordance with the terms of Work Orders issued pursuant to this Agreement by Project Sponsor. COMPENSATION: Project Sponsor agrees to pay WCYCC for all service performed hereunder as follows: the Professional Services shall be provided at the rates set forth in Exhibit A, as may be modified or limited by Work Order. 3. NON -ASSIGNMENT: WCYCC may not assign or transfer this Agreement, any interest therein or claim compensation, without the prior written approval of Project Sponsor. 4. TERMINATION: Either party may terminate this Agreement at any time by providing the other party with a 10 -day written notice thereof. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. -1- of the terms of the Agreement. 5. TIME OF THE ESSENCE: Time is of the essence in each and all of the provisions of this Agreement. 6. 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. 7. NON -APPROPRIATION: No portion of this Agreement shall be deemed to create an obligation on the part of Project Sponsor to expend funds not otherwise appropriated in each succeeding year. 8. WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of this Agreement shall be deemed to constitute a waiver of any immunities of Project Sponsor 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 Project Sponsor and not a party to this Agreement. 9. PROJECT SPONSOR REPRESENTATIVE: Project Sponsor will designate, prior to commencement of work, its Project 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 Project Representative. 10. MONTHLY REPORT: Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, WCYCC is required to provide Project Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the Project Sponsor, suspend the processing of any partial payment request. 11. ACCEPTANCE NOT WAIVER: Project Sponsor'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. Project Sponsor'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 Project Sponsor under this Agreement. -2- day of IIJ WITNESS WHEREOF, the parties hereto have signed this Agreement this >c�G� cz tee Dougl$A. Dill, President BIJOU IRRIGATION COMPANY ynpic Mike Groves, President BIJOU IRRIGATION DISTRICT ATTEST: By: Deputy Cler, Judy 'ego, ector Wel ounty Department of Human Services erez, Division He Employment Services of Weld County Weld County Board of Commissioners -3 O, Doug s Ra Chair emacher Pro- em 8/10/2009 of,00 9 - � ? ; att EGG WELD COUNTY YOUTH CONSERVATION CORPS Exhibit A: Scope of services: Weld County Youth Conservation Corps Weld County Dept. of Human Services 1551 N 17`h Ave / PO Box 1805 Greeley, CO 80632 970.353.3800 Fax 970.356.3975 Weld County Youth Conservation Corps (WCYCC) will perform cut -stump removal and treatment of Russian Olive trees on the property and along the canals of Bijou Irrigation Company and Bijou Irrigation District. Work is to begin as soon as the contract has been signed by all parties. Project Location - From: WCR 61 at the S. Platte River crossing- Empire Intake Canal To: Empire Reservoir dyke at WELD/MORGAN County line, and Bijou Company Canal at WELD/MORGAN County line. Project Duration - Estimated time is two weeks. Special requests - Anything removed along the Bijou Company District is to be piled at a specified location at the company canal intake. -4- 001411 icYcc WELD COUNTY YOUTH CONSERVATION CORPS Employment Services of Weld County PO Box 1805 / 1551 N 17th Ave, Greeley, CO 80632 970.353.3800 x3413 ewarrington@co.weld.co.us Exhibit 13: Project Bid Date: 6/30/09 Project: Cut -stump Russian Olive Removal Attn: John Wagner Good for: 30 days PROJECT DESCRIPTION Bijou Water & Irrigation will contract Russian Olive removal work to the WCYCC. The WCYCC will remove and treat the cut -stump Russ. Olive on Bijou land holdings, the company canal, Empire Reservoir canal and at Empire Reservoir. CREW LABOR COST Project Start Project Members on Date End Date Project Expense 8/3/09* 8/14/09 6 $1,180.00 Expense Summary: $1,180.00 FIXED COST PROJECT Project Start Project Date End Date Expense Expense Summary: TOOLS & SUPPLIES Item Description Expense Chemical Treatment- Rodeo Herbicide, Surfactant, & Dye 2-3 gal. Backpack sprayer Saw Supplies- Fuel/mix, bar & chain oil $275.00 $45.00 $500.00 Expense Summary: $820.00 Comments: *Start date can vary. Projected duration is two weeks. 5 Expense Total: Transportation: Project Base Rate: $2,000.00 n/a n/a TOTAL BID: $2,000.00 Hello