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Home My WebLink About20063025.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN - DITESCO WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Professional Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and ditesco, commencing October 30, 2006, and ending December 31,2007,with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Agreement for Professional Services between the County of Weld,State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works, and ditesco, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of October, A.D., 2006. BOARD OF COUNTY COMMISSIONERS EL WELD COUN , COLORADO ATTEST: 1,7,41 ` 185 (' Qv M. J. ile, Chair Weld County Clerk to th o. �` �i.� �� Cei) 1 2 ' ,�, David . Long, Pro-Tem BY: i tu ,� Depu lerk to e Board Li YG i Willis H. Jerke APP AS M: �C _ Robert D. asd n ounty Attorney /(rT II J Glenn VAA A4 Date of signature: IEf�� 2006-3025 EG0054 '�' nri D (f&ScO //-08=06 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this Srday of Awn.,,Mr , Err‘„, , by and between the County of Weld, State of Colorado, by and on behalf of The Public Works Department,whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "County Department," and Ditesco, LLC, whose address is 3155 Rookery Road; Fort Collins, CO 80528, 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 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 November 1, 2006, through and until April 30, 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. 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 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, Page 1 of 3 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. 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 Page 2 of 3 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. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 30th day of October , 2006 . COUNTY DEPARTMENT:�� Public Works/Engineering Division ATTEST: / phi .Na'tats„ COUNTY OF WELD, a political or n``''-, JE£• �•` subdivision Weld County Clerk to the Board p ` of the STATE OF CQLORADO: By: ?OIL L;L ' 1' II a6i �' =, B De Clerk the Bo se7 9 y � l%4CGt/ Pi rl „A,de Chairman M.J. Geile �� Board of County Commissioners of the County of Weld 10/30/2006 CONTRACT PROFESSIONAL: By: ��,5<1 f Date /O`_r/.-06 Name: Title: 4h�rr� / r_— SUBSCRIBED AND SWORN to before me this nAay of ( erj� , Q(n WITNESS my hand and official seal. ova a,Cu .° Notary Public My commission expires: 317/07 Page 3 of 3 ,1 CClc 2'- (- ECI t7(:--4 ditesco 3155 Rookery Road Fort Collins,CO 80528 970.988.8605 Project s Construction Services 970.204.1613 fax ditesco@comcast.net October 31, 2006 Mr. Drew Scheltinga, P.E. County Engineer Weld County Public Works 1111 H. Street PO Box 758 Greeley, CO 80632 RE: Scope of Work Proposal—Development Review Support Services(revision 1) Dear Drew: I am pleased to present this scope of work proposal to assist Weld County Public Works with various tasks surrounding Development Review activities. Per our phone conversations, it is my understanding your needs comprise the following tasks. 1. Provide review comments for transportation,traffic, infrastructure and drainage issues surrounding proposed land use projects within Weld County and/or coordinating the compilation of these comments within the Public Works Department. It is my understanding that the land use projects may be at any stage of the process including comprehensive plan amendment, sketch plan, change of zone or final plat. 2. Provide support to Public Works, Planning and Health Department staff throughout the review process answering questions of staff and those of the applicant to facilitate review according to the defined referral schedule. 3. Assist with Planning Commission and Board of County Commissioner questions surrounding land use cases acting through Public Works staff. This task may include attendance to various meetings at either the Greeley or Southwest Weld offices. 4. Attend and participate in pre-application meetings, review meetings with applicants and other Weld County staff on an as-needed basis. These may occur at the Greeley offices, Southwest Weld or may be site specific to each development project. It is my understanding that all relevant case files including past review comments will be provided to me both in hard- copy and electronically. It is also my understanding that all review documents such as the roadway classification plan and MUD plan will be provided to assist in generating appropriate review comments. I also assume that an open line of communication will remain with Public Works staff to efficiently prepare comments to meet referral deadlines. Per our conversations, your anticipated need is approximately 20 hours per week for an undetermined timeframe. Currently, I am able to provide this service considering other client commitments. In the future should my availability change, I will notify you as soon as possible in an effort to provide a smooth transition. Provided on page 2 is a summary table outlining proposed fees for the work summarized above. Page 1 of 2 aol ccc4 Weld Scope of Work October 25, 2005 Professional Services: $87.00 per hour Reimbursables: Mileage: $0425 per mile Large reproduction, etc. cost Please let me know if you have any questions regarding this proposal. I look forward to renewing my relationship with you and other Weld County staff. Sincer l Keith Meyer, P.E. Page 2 of 2 ditesco 3155 Rookery Road Fort Collins,CO 80528 970.988.8605 Project&Construction Services 970.204.1613 fax dltesco@comcastnet October 31, 2006 Ms. Jenny Luna Clerk to the Board of County Commissioners Weld County PO Box 758 Greeley, CO 80632 RE: Ditesco Professional Services Agreement Dear Ms. Luna: Please find enclosed two original professional service agreements for work with Weld County Public Works. Also included are the necessary insurance certificates. Please provide my firm with either an original or copy of the completely executed contract. Let me know if you have any questions regarding this transmittal. Thank you for your assistance. Since /Keith �Meyer, P.E. Cc: file Page 1 of 1 Hello