HomeMy WebLinkAbout20071069 MEMORANDUM
ElkTO: Clerk to the Board DATE : April 10, 2007
COLORADO FROM: Dean Dreher, Public Works
SUBJECT: Consent Agenda Item
Please submit this item for the Chair's signature:
Agreement for Professional Services for 2007 Pavement Testing with Ground
Engineering in the amount not to exceed $35,920.
One original agreement is attached.
The appropriate documentation is enclosed:
Enclosure
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2007-1069
AGREEMENT FOR PROFESSIONAL SERVICES
2007 PAVEMENT TESTING
THIS AGREEMENT is made and entered into this 10th day of April
2007 , by and between the County of Weld, State of Colorado, by and on behalf of
, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as
"County Department," and (..e n LA rdr) £�r_'..zc^ whose address is ,.) Lt . 1st Sir-ea
Lout,. A C 0 80 cA,, hereinafter referred to as"Contract Professional."
WITNESSETH:
ESSETH:
WHEREAS, County Department is in need of hiring an independent contract professional
to perform the following "Professional Services:"the professional services listed in the Scope of
Services attached hereto as ordered by County Department and
WHEREAS, Contract Professional has the time available and is willing to perform the
Professional Services, according to the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM: The term of this Agreement shall be from April 23, 2007
through and until July 16, 2007
2. SERVICES PROVIDED BY CONTRACT PROFESSIONAL: Contract
Professional agrees to perform the Professional Services for the compensation
provided below and as attached in the Scope of Work.
COMPENSATION: County Department agrees to pay Contract Professional for
all service performed hereunder as follows: the Professional Services shall be
provided at the rates set forth in the Scope of Work and shall not exceed the
maximum compensation of$ 35 . yo10,OO . All compensation amounts
payable after the current fiscal year are contingent upon funds for that purpose
being appropriated, budgeted, and otherwise made available.
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 County Department, its officers and employees, against liability for -
injury or damage caused by any negligent act or omission by Contract C
Professional in the performance of this Agreement and shall hold Count lce'�`
ctrk 7/if
Department harmless from any loss occasioned as a result of the e ormance of
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 errors, omissions, or other deficiencies.
Contract Professional shall maintain commercial general liability insurance in the
amount of$500,000 combined single limits 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.
Pavement Testing 2007
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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.
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 Scope of 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.
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1 .
• /••1 J•
IN WITNESS WHEREOF,the parties hereto have signed this Agreement this 16th day of_
April , 2007
COUNTY DEPA MENT
ATTEST:
COUNTY OF WELD, a political
s6 alibb subdivision Weld County Clerk to the
Board e STATE OF COLORADO:
By: By:
Deputy CI rk to the rd `? , David E. Long, hairman
Board of County Commissioners the
County of Weld
4/16/2007
CONTRACT PROFESSIONAL:
By: & -ct n, N 57,v— oar Date 04/16/2007
Name: •
J osa ply r��L
Title: 2s;X)24,.. C ,f
SUBSCRIBED AND SWORN to before me this day of ,
WITNESS my hand and official seal.
Notary Public
My commission expires:
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