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MEMORANDUM
CTO: Clerk to the Board DATE: August 18, 2008
•
COLORADO FROM: Wayne Howard, County Engineer/CIP, Public Works
SUBJECT: CONSENT AGENDA ITEM
Agreement for Professional Services with Tiglas Ecological Services in the amount of$1,700
Enclosed are two original Agreements. Please return one original to Public Works.
M:\Francie\Agenda Wayne Howard.doc
2008-2303
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this j&5 ay of /9/44115 , 2008, 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 Tiqlas 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:" Ecological Services for the preparation of an action plan related to Burrowing
Owls and Black-tailed Prairie Dogs on project STA 052A-027, State Highway 52 and Weld County Road 13 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 $1,700.00. This
fee is compensation for the preparation of an action plan 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.
STA 052A-027, SH 52 &WCR 13 Intersection
Page 1 of 3
0?a°8-aS03
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.
STA 052A-027, SH 52 &WCR 13 Intersection
Page 2 of 3
1
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this t&J�` day of I/6i id
, 2008.
COUNTY DEP TM
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ATTEST: � . -4` COUNTY OF WELD, a political subdivision Weld County
Clerk to the Board of the STATE OF COLORADO:
it
Deputy Cler . the B u I ___,
Robert D. MasS2r9.7,5)--p_ikive
, Chair-Pro-Tern
n.� Board of County Commissioners
AUG 2 5 2008
CONT CT PROFESSIONAL:
By W`6V - l Ll,�%�l Date e/ N /° b
Name: TtCCAS ec01(16ICAt &Cu'COS
Title:
SUBSCRIBED AND SWORN to before me this /`'lit- day of I\"9 O s r , 2008.
WITNESS my hand and official seal. /
GL.✓ W2C?.4.-Pw-3
Notary Public
My commission expires: p .O4,-0 i yr are c
f3 9 1 LEON W 11 Tom
NOTARY P .1C
STATE Of Cr; -..40
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Attachments:
Proposal for Ecological Services
STA 052A-027, SH 52 &WCR 13 Intersection
Page 3 of 3
DARCY A.TIGLAS
5015 Swainsona Drive
Loveland, Colorado 80537
970-635-9183
August 5, 2008
Mr. Wayne Howard
Weld County Public Works Department
1111 H Street
P.O. Box 758
Greeley, Colorado 80632
RE: Proposal for Weld County Road 13 and Colorado State Highway 52 Road Construction
Project Related to Burrowing Owls and Black-tailed Prairie Dogs
Dear Mr. Howard:
This letter serves as a proposal for four tasks related to the recent observation of burrowing owls in
a black-tailed prairie dog colony associated with the construction of Weld County Road 13 just
north of Colorado State Highway 52. These four tasks include the following: initial assessment
and consultation with a site visit with the Colorado Division of Wildlife and the Colorado
Department of Transportation; the preparation of an action plan; a site survey after prairie dog
euthanization; and the preparation of signage verbiage for an interpretive sign near the prairie dog
town and the recreation trail adjacent to the project area. The initial assessment and consultation
with a site visit with the Colorado Division of Wildlife and the Colorado Department of
Transportation activities include:
• Consultation with Weld County, the Division of Wildlife, and the Colorado Department of
Transportation over the phone, via email, and through an on-site meeting
I understand that the scope of work for the preparation of an action plan would include:
• The preparation of a document outlining the area where prairie dog treatment should occur;
• How the prairie dogs would be euthanized; and
• What the expected outcome of this process is in relation to the project.
I understand that the scope of work for the site survey after the euthanization would include:
• A field reconnaissance to observe any activity by burrowing owls or black-tailed prairie
dogs in the treated area and report this to CDOT personnel via a letter.
I understand the scope of work for the preparation of signage verbiage for an interpretive sign near
the prairie dog town and the recreation trail adjacent to the project area would include:
• Collection of photographs from CDOT and CDOW for the sign; and
• The preparation of verbiage for the sign.
The estimated cost for these tasks for this project would be Task 1- $500.00, Task 2- $400.00, Task
3- $300.00, and Task 4- $500.00 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,
Dayeyur0 d(--c
Darcy A. Tiglas,Biologist
Tiglas Ecological Services
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