HomeMy WebLinkAbout20052426.tiff AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this'day of , 2005, by
and between the County of Weld, State of Colorado, by and on behalf of 1W County Public
Works Department,whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter
referred to as"County Department," and Messick Bowes, whose address is 1020 15th Street—
38E, Denver, Colorado 80202,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, 2005,
through and until August 15, 2006. This Agreement may be extended for
additional one-year periods, not to exceed four(4) 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 and errors and omissions insurance in
the amount of$250,000.
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.
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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 /1-6- -d-aY of
COUNTY DEPARTMENT:
E ST: L D�'a
a / COUNTY OF WELD, a political
subdivision Weld County Clerk to the Board
1661
. of the STATE OF COLORADO:
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1\` s /Deputy Cler to the Bo William H. Jerke, Chair AUG 1 5 2005
Board of County Commissioners of
the County of Weld
CONTRACT PROFESSIONAL:
By: � 2/z2 u -. 1�Z�r ems. Date h ;).9- :AC 2
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Title: �tc.z� 1c y' tic r t'rr
SUBSCRIBED AND SWORN to before me this,72f4ay of ,alar
WITNESS my hand and official seal.
`o Public
My commission expires: 0 SAVO .
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MEMORANDUM
' TO: Clerk to the Board DATE: August 4,2005
C FROM: Keith Meyer, Engineering Division Manager
COLORADO SUBJECT: Agenda Item
On-Call Appraisal Services-Agreement for Professional Services with Foster Valuation Company
and Messick Bowes.
o Weld County Public Works has completed the Qualification Based Selection Process for selection of
two qualified appraisal firms to provide On-Call Appraisal Services.
o Five(5)proposals were received on June 28,2005. The selection committee included Leon Sievers,
Bob Patrick,and Cameron Parrott from Public Works. The committee evaluated the proposals based
upon the Scope of the Proposal,Assigned Personnel, Availability, Cost and Work Hours, and Firm
Capability.
o Foster Valuation Company and Messick Bowes were the selected appraisal firms. Public Works is
recommending approval for the Professional Services Agreements to Foster Valuation Company and
Messick Bowes.
Attached are two signed original Professional Services Agreements from both firms. Detailed work
orders describing the scope of work and costs for the services will be submitted for approval prior to
commencing the work.
Enclosures , / Air—) stet*
pc: Leon Sievers, Right-of-Way Manager nY,".0
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