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MEMORANDUM
TO: Clerk to the Board DATE: July 23, 2008
FROM: Mike Bedell, Public Works
COLORADO
SUBJECT: Consent Agenda Item
Two original Agreements for Professional Services with Tiglas Ecological Services are
attached. Please send one signed original Agreement to Public Works.
Enclosures
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this O75 ay of L/ , 2008, by and between
the County of Weld, State of Colorado, by and on behalf of Public Works Departm t, 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:
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 29 (71st Avenue) 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 $5,500.00. 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 29 (7151 Avenue)
Page 1 of 3
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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 29 (715t Avenue)
Page 2 of 3
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IN WITNESS WHEREOF, the parties hereto have signed this Agreement this O(0 - day of �G( eta/
, 2008. J
COUNTY DEPA TMENT: w� ?�, 1',%1
ATTEST: :��; ' COUNTY OF WELD, a political subdivision Weld County
IS i {y 'J! A� Clerk to the Board of the STATE OF COLORADO:
4
By: L,/v. /r' ��.�.: lc %. �� By __L-71---- ---,---'
Deputy Deputy Clq"to he Boar' William H. Jerke, Chair JUL 2 8 2�0�
Board of County Commissioners
CONT CT PROFESSIONAL: Ado_fl el(.4a y 1/21 b a
By: Uv Date
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Name:
Title: S
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SUBSCRIBED AND SWORN to before me this 2\ day of *,u
Q 2008.
WITNESS my hand and official seal.
�cal/I.-1,c..(_, Notavn{
Notary Public C l u a
My commission expires: (;y \o r I I O
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Attachments:
Proposal for Ecological Services
WCR 29 (71st Avenue)
Page 3 of 3
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DARCY A. TIGLAS
5015 Swainsona Drive
Loveland, Colorado 80537
970-635-9183
June 30, 2008
Mr.Mike Bedell,P.E.
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 29
Dear Mr.Bedell:
This letter serves as a proposal for a number of ecological services to be conducted for a road improvement
project at Weld County Road 29 in Weld County,Colorado. A wetland delineation is to be conducted at the
bridge replacement site at Weld County Bridge 29/62A and north of the bridge in an area where a ditch
system exists and a slough occurs. A wetland delineation for the bridge site was conducted in 2003, but is
no longer valid. 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. A number of other surveys have been conducted
around this area for the mouse for the Poudre River Trail system and Sheep Draw gravel mine,as well as
the 2003 work at the bridge replacement site. This data set will be used to prepare a habitat assessment
report for the mouse for this project. 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. Again, a
previous habitat survey was conducted for the bridge site and for the Duran property, but those
clearances have expired. The information presented in those documents will be used to supplement
this report. 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 required for this project to meet Federal requirements under the Clean Water Act of
1973, as amended, is the preparation of a 404-wetland permit application. A Nationwide permit
was obtained in 2003 for the replacement of WCB 29/62A. This permit has expired, but
information presented to the COE in 2003 will be used to apply for a new permit including
coverage of the bridge replacement and the widening of the roadway to the north of the bridge. 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 $2,000.00 for the wetland
delineation, $1,000.00 for the PMJM habitat evaluation, $1,000.00 for the orchid habitat evaluation,
$1,000.00 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,
i)Aia r\ 7
- \
Darcy A."higlas, Biologist
Tiglas Ecological Services
ACORD TM CERTIFICATE OF LIABILITY INSURANCE DATE 7/14/2008
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Heritage General Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
9250 E. Costilla Avenue, Suite 650 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Englewood CO 80112 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Scottsdale Insurance Company
Tiglas Ecological Services INSURER B:
Darcy Tiglas dba INSURER C:
5015 Swansona Drive INSURER D:
Loveland CO 80537 INSURER E:
COVERAGES
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.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION
LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/VY) LIMITS
GENERAL LIABILITY EACH OCCURENCE $1,000,000
DAMAGE I O HEN I ED
X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $100,000^A 'CLAIMS MADE I (OCCUR CLS1508807 05/05/2008 05/05/2009 MEDEXP(Any one person) $5,000
PERSONAL 8 ADV INJURY $1,000,000
GENERAL AGGREGATE $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/ Inc/ in Gen Agg
n n OPS AGG
XPOLICY JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
ANY AUTO (Ea accident)
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT
1ANYAUTO OTHER THAN EA ACC
AUTO ONLY. AGG
EXCESS LIABILITY
EACH OCCURENCE
'OCCUR 1 'CLAIMS MADE AGGREGATE
DEDUCTIBLE
RETENTION
WORKERS COMPENSATION AND IWC STAT LIMITSI (OTHER
EMPLOYERS LIABILITY E L EACH ACCIDENT
ANY PROPRIETORPARTNERSHIP/EXECUTIVE
OFFICEWMEMBER EXCLUDED, E L DISEASE EA EMPLOYEE
If yes-describe under:
SPECIAL PROVISIONS below E.L DISEASE-POLICY LIMIT
OTHER
A Errors & Omissions CLS1508807 05/05/2008 05/05/2009 $1,000,000
$1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMEN f/SPECIAL PROVISIONS
Plant Ecologist
10-day notice for non-payment
CERTIFICATE HOLDER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL
Weld County Public Works 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Attn: Mike Bedell LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY
P O Box 758 OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESENTATIVES.
Greeley CO 80632 ALITHORIFD REPRESENTATIVE
in. JVta
ACORD 25 S(2001,08) Copyrighi ACORD CORPORATION IPSO
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