HomeMy WebLinkAbout20063185.tiff AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this,)Oday of //-fLy'iphe r, 2006, by
and between the County of Weld, State of Colorado, by and on behalf of Weld County Public
Works Department, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter
referred to as "County Department," and Western States Land Services, Inc., whose address is
505 North Denver, Loveland, Colorado, 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 professional services listed in the Scope of
Services attached hereto and referred to herein as "Exhibit B," as ordered by County Department
in accordance with the terms set forth in a "Work Order," in substantially the form shown on the
attached "Exhibit A," 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 August 15, 2006,
through and until August 15, 2007. This Agreement may be extended for
additional one-year periods, not to exceed three (3) additional one-year periods,
upon mutual written agreement of the parties. Changes in compensation for
extension terms shall be negotiated by and agreed to by both parties; however, in
no event shall such change exceed the Denver - Boulder CPI-U as published by
the Colorado State Planning and Budget Office.
2. SERVICES PROVIDED BY CONTRACT PROFESSIONAL: Contract
Professional agrees to perform the Professional Services for the compensation
provided below. Contract Professional agrees to provide Professional Services in
accordance with the terms of Work Orders issued pursuant to this Agreement by
County Department. County Department reserves the right to independently bid
any project rather than issuing a Work Order to the Contract Professional for the
same, pursuant to this Agreement.
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 Exhibit B, as may be modified
or limited by Work Order. All compensation amounts payable after the current
fiscal year are contingent upon funds for that purpose being appropriated,
budgeted, and otherwise made available. No individual Work Order shall exceed
$50,000 in total compensation.
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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 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 Professional in the performance of this Agreement and shall hold County
Department harmless from any loss occasioned as a result of the performance 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.
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.
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.
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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.
15. OWNERSHIP: All work and information obtained by the Contract
Professional under this Agreement or individual work order shall become the
property of the County. This includes, but is not limited to, reports, data, plans,
drawings, records and computer files.
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IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 20th day of
November , 2006 .
COUNTY DEPARTMENT:
ATTEST: � COUNTY OF WELD, a political
subdivision Weld County Clerk to the Board
of the STATE OF COLORADO:
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By: /AA- 1 'r,,(4 By: 17/' ^
De ty Cler o the oa ,' 4 i M.J. Gat/Chair
Board of County Commissioners of
the County of Weld 11/20/2006
CONTRACT PROFESSIONAL:
By: Date October 31, 2006
Name: Phil B. Mazur
Title: President
SUBSCRIBED AND SWORN to before me this 31st day of October , 2006 •
WITNESS my hand and official seal.
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My commission expires: 241/2,,f0 `���o�unuq��.•
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BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: Professional Services Agreement renewal for Western States Land Services, Inc. (Land Acquisition
Services)
DEPARTMENT: PUBLIC WORKS DATE: November 2, 2007
PERSON REQUESTING: Leon Sievers, PLS, Public Works Dept ti'-'
Brief description of the problem/issue:
Under the present Professional Services Agreement with Western States Land Services, Inc., Weld County has
the option to extend the existing contract in one-year increments up to a maximum of 3 additional years. It is
time to consider the renewal of their Professional Services Agreement for an additional year. The current
Agreement ended August 1, 2006. During the past year, Western States Land Services completed acquisition of
13 right of way parcels and 8 easements on the WCR 40% and 5 project for a total of$47,270.00. All work was
completed in a timely manner, without contract extensions or change orders.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
The options are to extend or not to extend the existing contract. If the Board chooses to not renew the contract,
staff must begin a new Request of the Proposal process, including proposal reviews, rankings, interviews and
award.
Recommendation to the Board:
Due to the professionalism and high quality of the work provided, Public Works Department recommends
extension of the existing contract
Approve Schedule
Recommendation Work Session Other
Geile
Vaad /
Jerke
Long
Masden U'
Attachments
cc:
m:\aeon\landacquisition\rfp\2007workorderextension.doc
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a
s MEMORANDUM
CTO: Clerk to the Board DATE : November 14, 2006
•
COLORADO FROM: Leon Sievers, Right-of-Way Agent
SUBJECT: Consent Agenda Item
Please submit these items for the Chair's signature:
Attached are two duplicate,original Agreements with Western States Land Services for a renewal of
professional services through August 15, 2007.
Please send one original to the Public Works Department upon execution.
Enclosures
M 1Franc ie\Agen daS i gnature DOC
2006-3185
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