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MEMORANDUM
TO: Clerk to the Board DATE: February 20, 2009
FROM: Wayne Howard, County Engineer
SUBJECT: Consent Agenda
Professional Services Agreement with Tiglas Ecological Services
Weld County Public Works Department is in the process of designing the improvements to WCR
7 from SH 60 to WCR 48 and WCR 48 from WCR 7 east. In order to meet State and Federal
environmental regulations an environmental assessment must be made.
Attached are two signed original Professional Services Contract from Tiglas Ecological
Services.
pc: WCR 7 SH 60 and WCR 48 file
;tr _Artra,r
2009-0503
DARCY A. TIGLAS
5015 Swainsona Drive
Loveland, Colorado 80537
970-635-9183
February 3, 2009
Mr. Bob Patrick
Weld County Public Works Department
1111 H Street
P.O. Box 758
Greeley, Colorado 80632
RE: Proposal for Ecological Services for a Road Improvement Project at Weld County Road 7
from WCR 48 to State Highway 60
Dear Mr. Patrick:
This letter serves as a proposal for a number of ecological services to be conducted for a road
improvement project at Weld County Road 7 in Weld County, Colorado. A wetland delineation is to be
conducted at the road improvement site at Weld County Bridge 7 from Weld County Road 48 to State
Highway 60 (and includes part of Weld County Road 48). I understand that the scope of work for the
wetland delineation would include:
• ground reconnaissance of the project area;
• determination of wetlands at project area, including plant species lists, hydric soils
determination, and wetland hydrology presence;
• photograph wetland communities, if present, at the project area;
• prepare report of results of the wetland delineation; and
• submit report to Weld County and the U.S. Army Corps of Engineers (COE) and
forward COE correspondence to Weld County.
A second task included in the ecological services requirements for this project includes a habitat
assessment for the Preble's meadow jumping mouse. I understand that the scope of work for the
habitat assessment would include:
• ground reconnaissance of the project area;
• evaluation of habitat at all wetlands and Waters of the United States for the Preble's meadow
jumping mouse, including the quality and quantity of habitat present at the site, and its likelihood
of the mouse occurring within the project area;
• evaluation of the isolation or connectivity of the project site to other potential habitat;
• history of the mouse's occurrence in the immediate area or within the drainage;
• evaluation of the nature of any proposed development project within the potential mouse habitat;
• evaluation of the potential extent of direct, secondary, or cumulative impacts the project may
cause;
• prepare a written report for submission to the U.S. Fish and Wildlife Service for their
concurrence with our evaluation; and
• submission of report to Weld County.
The third task required for this project includes a Ute ladies' -tresses orchid habitat survey. I
understand that the scope of work for the orchid survey includes:
• conduct habitat survey for the Ute ladies' -tresses orchid outside the flowering period
(between July 20 and August 10) within suitable habitat for the orchid;
• prepare report of results of survey;
• submit report to Weld County and the U.S. Fish and Wildlife Service;
• and forward U.S. Fish and Wildlife Service correspondence to Weld County.
The fourth task that may be required for this project in order to meet Federal requirements under
the Clean Water Act of 1973, as amended, is the preparation of a 404 -wetland permit
application. I understand that the scope of work for the permit preparation would include:
• preparation of the appropriate permit application based on wetland and Waters of the
United States acreage and/or purpose for permit (probably a Nationwide permit);
• submission of permit application to the COE; and
• forward COE correspondence to Weld County.
The fifth and final task outlined in this proposal includes a bird -of -prey survey as large, mature
trees may be removed as part of this project. I understand that the scope of work for the bird -of -
prey survey would include:
• ground reconnaissance of the project area;
• determination of presence or absence of birds -of -prey on site, including the birds
occupying nests;
• prepare report of results of the survey, and
• preparation of mitigation plan if raptors occur on the site.
Note that there may be a timing restriction (construction could occur outside of the breeding,
nesting, and fledging period) or work would start prior to the migration of the birds back into the
project area if birds -of -prey are found to nest within the construction corridor.
The estimated cost for the tasks outlined above for this project would be $1,000.00 for the
wetland delineation, $750.00 for the PMJM habitat evaluation, $750.00 for the orchid habitat
evaluation, $500.00 for the 404 -wetland permit, and $500.00 for the bird -of -prey survey total
fixed cost, respectively. The cost estimates include the tasks outlined above and drafting,
review, and other direct costs. If you have any questions, or require additional information,
please feel free to call me at 970-635-9183.
Sincerely,
Darcy A. Tiglas, Biologis
Tiglas Ecological Services
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this day of �VJr Ulti LL 2009 by and between
the County of Weld, State of Colorado, by and on behalf of Public Works Department Whose address is 1111 H St.,
P.O. Box 758, Greeley, Colorado 80632, hereinafter referred to as "County Department," and Tiglas Ecological
Services whose address is 5015 Swainsona Drive, Loveland, CO 80537 hereinafter referred to as "Contract
Professional."
WITNESSETH:
ESS ETH:
WHEREAS, County Department is in need of hiring an independent contract professional to perform the
following "Professional Services:" The Ecological Services for the design of Weld County Road 7 from State
Highway 60 south and Weld County Road 48 from Weld County Road 7 east 1/2 mile as detailed in the Proposal
for Services attached hereto as ordered by County Department and
WHEREAS, Contract Professional 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 date of execution shown above, through and until
completion of Professional Services as defined in the attached Proposal for Services. The term
may be extended by modification of this contract as agreed to by both parties, in writing.
2. SERVICES PROVIDED BY CONTRACT PROFESSIONAL: Contract Professional agrees to
perform the Professional Services for the compensation provided below and as attached in the
Proposal for Services.
COMPENSATION: County Department agrees to pay Contract Professional for all service
performed hereunder as follows: The Professional Services shall be provided at the rates set forth
in the Proposal for Services and shall not exceed the maximum compensation of $3,500.00. This
fee is compensation for design services only as described in the attached Proposal for Services.
All compensation amounts payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available. Any additional services
completed beyond those described in the Proposal for Services shall be authorized by the County
Department at a fee negotiated between the County Department and Contract Professional using
the established hourly rates attached to this Agreement. Invoices will be paid within 60 days of
being received and accepted by the County Department.
3. INDEPENDENT CONTRACTOR: Contract Professional agrees that he or she is an independent
contractor and will not become an employee of County Department, nor is he or she entitled to any
employee benefits from County Department as a result of the execution of this Agreement.
4. INDEMNIFICATION, DESIGN AND INSURANCE: Contract Professional shall indemnify and hold
harmless County Department, its officers and employees, against liability for injury or damage and
losses, damages and expenses to the extent caused by any negligent act or omission by Contract
Professional or any person or organization for whom Contract Professional is legally liable in the
performance of services under this Agreement. Contract Professional shall be responsible for the
professional quality, technical accuracy, timely completion and the coordination of all services
rendered by Contract Professional and shall, without additional compensation, promptly remedy
and correct any negligent errors, omissions, or deficiencies. Contract Professional shall maintain
commercial general liability insurance in the amount of $500,000 per occurrence and errors and
omissions insurance in the amount of $1,000,000.
5. NON -ASSIGNMENT: Contract Professional may not assign or transfer this Agreement, any interest
therein or claim thereunder, without the prior written approval of County Department.
WCR 7 & 48 South of SH 60
Page 1 of 3
�- DSO
6. ACCESS TO RECORDS: County Department shall have access to Contract Professional's
financial records for the purposes of audit. Such records shall be complete and available for audit
90 days after final payment hereunder and shall be retained and available for audit purposes for at
least five years after final payment hereunder.
7. 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. In the event of termination,
the Contract Professional shall supply the County Department with copies all work products
completed to date, including but not limited to electronic files, reports, computations, etc. All work
products completed on this project shall be owned by the County Department.
8. TIME OF THE ESSENCE: Time is of the essence in each and all of the provisions of this
Agreement.
9. 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.
10. NON -APPROPRIATION: No portion of this Agreement shall be deemed to create an obligation on
the part of County Department to expend funds not otherwise appropriated in each succeeding
year.
11. WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of this Agreement shall be
deemed to constitute a waiver of any immunities of County Department 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 County Department and not a party to this Agreement.
12. COUNTY REPRESENTATIVE: County Department will 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.
13. MONTHLY REPORT: Commencing thirty (30) days after the date of execution of this Agreement
and every thirty (30) days thereafter, Contract Professional is required to provide County
Representative with a written report of the status of the work with respect to the Proposal for
Services, Work Schedule, and other material information. Failure to provide any required monthly
report may, at the option of the County, suspend the processing of any partial payment request.
14. ACCEPTANCE NOT WAIVER: County Department's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve Contract Professional of responsibility for the quality or technical accuracy of the work.
County Department'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 County Department under
this Agreement.
15. OTHER REQUIREMENTS: The design work under this contract shall be compatible with the
requirements of a separate contract between Weld County and City of Greeley (which is
incorporated herein by this reference) for the design/construction of the project.
WCR 7 & 48 South of SH 60
Page 2 of 3
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 25th day of February
2009.
COUNTY DEPARiTMENT:
ATTEST:
By
Deputy Cler, to the Bo
CONT ' CT PROFESSIONAL:
By:
Name:
Title: lkJ
COUNTY OF WELD, a political subdivision Weld County
Clerk to the Board of the STATE OF COLORADO:
By:
William F. Garcia, air
Board of County Commissioners
02/25/2009
Date
>
SUBSCRIBED AND SWORN to before me this I day oriel d lit/art, 2009.
WITNESS my hand and official seal.
My commission expires: I 1 JO 12--
My Commission Expires 0907Q011
Attachments:
Proposal for Ecological Services
A_
WCR 7 & 48 South of SH 60
Page 3 of 3
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