HomeMy WebLinkAbout20020358.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR RESEEDIN/MULCHING OPERATIONS REMEDIATION
AND AUTHORIZE CHAIR TO SIGN -AQUATIC AND WETLAND COMPANY
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 Reseeding/Mulching
Operations Remediation 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 the Aquatic and Wetland Company, 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 Reseeding/Mulching Operations Remediation
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 Aquatic and
Wetland Company 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 11th day of February, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C LORADO
ATTEST: ata# La`�
GI aad, hair„
Weld County Clerk to 06•. *'. A- `i"
1 °'r 97
David . L g, Pro-Tem
,,BY:
Deputy Clerk to the Bo rd,J1,
M. J. eile
A `'1-APPR ED AS •
• //nom---(
Li( �z lliam H. Jerke
/cam' I 1\1\l
ounty Attorney
,,�/ Robert D. Masden
Date of signature: /(25
2002-0358
CSC'.' ALLij AUtalfie,/thi ridd). EG0046
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MEMORANDUM _ ;
CTO: Clerk to the Board DATE: 1/31/02
•
COLORADO FROM: Frank B. Hempen, Jr., il
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Please submit the enclosed item for the Board's next agenda:
Agreement with Aquatic and Wetland Company for
Reseeding/Mulching Operations Remediation
The appropriate documentation is attached.
Enclosures
M'.AW PFILFS\Franc leAAGENDA.M EM
2002-0358
AGREEMENT FOR RESEEDING/MULCHING
OPERATIONS REMEDIATION
THIS AGREEMENT, made and entered into this /ft day of Fau t.kmy , 2062_,
by and between the County of Weld, a political subdivision of the State of Colorado, with offices
located at 915 106 Avenue, Greeley, Colorado 80631, hereinafter referred to as "Weld County," and
Aquatic and Wetland Company,whose address is 9999 Weld County Road 25,Fort Lupton, Colorado
80621,hereinafter referred to as "Company."
WITNESSETH:
WHEREAS,under contract with Weld County in early December 2001,Company reseeded with
perennial grass seed approximately 27.5 acres of County right-of-way for a road project on Weld
County Road("WCR")49,between WCR's 28 and 40,and approximately 1.5 acres ofright-of-way for
the WCR 47 and 42 Bridge Project ("the Rights-of-Way"), and
WHEREAS, after reseeding the Rights-of-Way, Company blew hay mulch over the reseeded
areas and crimped the mulch into the soil, and
WHEREAS, inspection after the mulching operations revealed a high instance of wheat seed
within the mulched areas, requiring possible chemical treatment in 2002 to eliminate any germinated
wheat seed and a second grass reseeding if the grass seed applied in 2001 is unable to germinate due
to the introduction of wheat seed, and
WHEREAS,the parties desire to enter into this Agreement for the purpose of detailing expected
remedial action regarding the reseeding/mulching operations by the Company in 2002.
NOW THEREFORE, in consideration of the premisses and covenants set forth herein, the
parties mutually agree as follow:
1. COMPANY AGREES to the following remedial actions for the introduction of wheat
seed into the Rights-of-Way:
a. Personnel from the Weld County Department of Public Works and the Company
shall survey the Rights-of-Way in the Spring of 2002 when seed gemination has
occurred. If the majority of the plant germination at the project sites is wheat,
Weld County personnel shall spray the Rights-of-Way with Roundup Pro to kill
the wheat. Company shall repay Weld County for the entire cost of the chemical
and personnel time for spraying.
b. The Rights-of-Way shall be monitored throughout the Summer of2002 by Weld
County and Company personnel to determine if sufficient perennial grasses have
been established on the Rights-of-Way by the Fall of2002. If sufficient grasses
had not been established, as determined by Weld County,Company shall reseed
c;O00 -O3SIt
and mulch the Rights-of-Way as it sole expense. Such remedial
reseeding/mulching shall occur no later than a time agreed to by the parties to
allow sufficient time for Company to complete the work. If, however, it is
determined by the Weld County personnel that a good mix of grasses and wheat
have germinated in the Rights-of-Way, Weld County will then mow the project
sites at least once to keep the wheat from producing more seed. In that case,
Company agrees to pay the entire cost of the mowing, but will not then be
obligated to reseed the Rights-of-Way thereafter.
2. WELD COUNTY AGREES: Weld County agrees to provide sufficient personnel to
accomplish the tasks assigned to it in Paragraph 1., above, Weld County agrees to hold
in abeyance any claims for remedies it may have against Company for non-performance
of the reseeding/mulching operations described above,pending a determination of the
effectiveness of the reseeding on the Rights-of-Way. Weld County further agrees to
release any such claims upon a determination that the reseeding/mulching operating
have been successful or upon the remedial work described herein being completed by
Company.
3. MISCELLANEOUS:
a. No compensation shall be due from Weld County to the Company for
the purpose of Company complying with the terms and conditions of this
Agreement.
b. Neither the Company, or any agent or employee of the Company, shall
be or shall be deemed to be, an agent or employee of Weld County for
the purposes of this Agreement. The Company shall have no
authorization express or implied, to bind Weld County to any
agreements, liability, or understanding. Company shall be solely
responsible for the acts of the Company, its employees, and agents.
c. Neither party may assign it rights or duties under this Agreement without
the prior written consent of the other party.
d. This Agreement is intended as a complete integration of all
understanding between the parties. No changes, alterations, variations
or deviations from the terms of this Agreement, unless made in writing
and signed by all parties hereto, and that no verbal understanding or
agreement past,present or future, not incorporated herein shall be valid
or binding on either party and it is further understood and agreed that all
representations regarding this Agreement are contained herein and
understood by the parties hereto.
e. At all times during the performance of this Agreement, the Company
shall strictly adhere to all applicable federal, state, and local laws that
have been or may hereafter be established, including but not limited to
laws and regulations concerning taxation, health, safety, labor,
employment, and licensing.
f Except as herein otherwise provided, this Agreement shall inure to the
benefit of an be binding upon the parties hereto and their respective
successors and assigns.
g. If any term or provision of this Agreement, or the application thereof to
any person or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this Agreement, or the application of
such terms or provisions to a person or circumstances other than those
as to which it is held invalid or unenforceable, shall not be affected, and
every other term and provision of this Agreement shall be deemed valid
and enforceable to the extent permitted by law.
h. No portion of this Agreement shall be deemed to constitute a waiver of
any immunities the parties or their officers or employees may possess,
nor shall any portion of this Agreement be deemed to have created a duty
of care which did not previously exist with respect to any person not a
party of this Agreement.
It is expressly understood and agreed that the enforcement of the terms
and conditions of this Agreement,and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and
nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the
express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement
shall be an incidental beneficiary only.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
AQUATIC AND WETLAND COMPANY:
Title: P1494
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address
address
ATTEST: /ed * q � BOARD OF COUNTY COMMISSIONERS OF
:, a WELD COUNTY, COLORADO
Weld County Clerk tot o , 4'-
1861 s. i? ap ��� � ��
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Deputy Clerk to the k HI Glenn Vaad, Unair o J///o0—
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