HomeMy WebLinkAbout20011196.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL/TECHNICAL SERVICES AND
AUTHORIZE CHAIR TO SIGN -4-D TRIANGLE, C/O BILL DELAP
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/
Technical 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
4-D Triangle, c/o Bill Delap, 19651 195th Avenue, Hudson, Colorado, 80642, commencing
May 7, 2001, and ending May 6, 2002, 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/Technical 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 4-D Triangle, c/o Bill Delap,
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 7th day of May, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
A n WELD COUNTY, COLORADO
ATTEST:��,�,/w ,�, 'p f\% I`I EXCUSED DATE OF SIGNING (AYE)
' J. Geile, Chair
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Weld County Clerk to the :`.:.bpi �r'�..;`,�1 b,O1 /11_4el\
lenn Vaad, Pre Tcm
BY: .
Deputy Clerk to the Boar�'� �� "i �✓ J -�
Willia Je ke
APP D AS T RM: GQ\
l vi E. Log
ounty Attokntey
Robert D. Maslen
2001-1196
Pe : Pttl' EG0041
AGREEMENT FOR PROFESSIONAL/TECHNICAL SERVICES
THIS AGREEMENT, made this §O day of April, 2001, by and between the Board of County Commissioners for the
County of Weld, State of Colorado("County"), and 4-D Triangle, do Bill Delap, 19651 195th Avenue, Hudson, CO
("Contractor").
Upon consideration of the mutual covenants and conditions hereinafter set forth,the parties agree as follows:
1 PROJECT DESCRIPTION
Contractor agrees to provide certain professional/technical services. Contractor shall provide professional/technical
consultation and advice to County during the Performance of Services hereunder. Specifications relating to performance
of work by Contractor are as outlined in Exhibit A, Scope of Services, attached hereto and incorporated herein by
reference.
2. AGREEMENT COMMENCEMENT AND TERMINATION:
The services to be performed pursuant to this Agreement shall begin immediately upon written authorization from the
County.
This Agreement shall be for a period of one year from date of execution of this Agreement unless terminated sooner. An
evaluation of services rendered shall be made near the end of the first year period and if it is determined that the services
have been beneficial and cost effective,then this Agreement may, upon concurrence of both parties, be extended for a
subsequent twelve (12)month period with additional option years available.
This Agreement may be terminated by the County at the sole option of the County upon five(5)days written notice to the
Contractor of such termination, and may be terminated at any time without notice upon a material breach of the terms of
this Agreement by Contractor. In the event of such early termination Contractor shall be paid for work performed up to
the time of notice, and the County shall be entitled the use of all material.
3. COUNTY REPRESENTATIVE:
The County will designate an authorized representative to administer this Agreement. All reports, oral or written, and all
notices and communications concerning performance of this contract shall be directed to said County Representative or
such other person the County may hereafter designate.
4, PAYMENT:
Contractor shall receive payment for services rendered under the Scope of Services outlined in Exhibit A at a rate of
$35.00 per hour. Charges shall be based on the time actually spent at the job site or reviewing plans, but shall exclude
travel time. Mileage may be charged to and from the job site at a rate of$.32.5 per mile. Contractor shall not be allowed
or paid travel expenses unless set forth in this Agreement. Monthly statements shall be based upon the incurred cost of
the actual work performed or mileage costs incurred during the month. The total amount paid by County to Contractor
under this Agreement shall not exceed the sum of$10,000. Contractor shall timely notify County if Contractor
anticipates exceeding the sum of$10,000, so that County may take appropriate steps to determine if additional sums for
this agreement can be made available. If additional sums cannot be made available,then Contractor shall perform no
additional work under this Agreement beyond the agreed upon performance amount.
Payment to Contractor will be made only upon presentation of a proper claim by Contractor subject to the approval of the
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County Public Works Department for which the services have been performed.
County shall have access to Contractor's financial records for 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 five
years after payment hereunder.
5. REPORTS COUNTY PROPERTY:
All reports, maps, plans, surveys,test results and all other tangible materials produced in connection with the
performance of this agreement, whether or not such materials are in completed form, shall at all times be considered the
property of the County. The Contractor shall not make use of such material for purposes other than in connection with
this Agreement without prior written approval of County.
6. ACCEPTANCE OF PRODUCT:
Upon final completion of the work,the Contractor shall submit to the County originals of all test results, inspection
reports,etc., generated during completion of this work.
7. ACCEPTANCE NOT WAIVER:
Approval by the County of drawings, plans, specifications, reports and incidental material furnished under this contract
shall not in any way relieve the Contractor of responsibility for the technical accuracy of the work. Approval by the
County of, or payment for, any services performed under this contract shall not be construed as a waiver of any of the
County's rights under this contract or under the law generally.
8. CONSTRUCTION ENGINEERING RESPONSIBILITY:
The Contractor shall be responsible for the professional quality,accuracy,timely completion and coordination of all
quality control activities, reports,drawings and other services rendered under this contract. The Contractor shall, without
additional compensation, promptly remedy and correct any errors, omissions or deficiencies caused by the Contractor.
The Contractor shall defend and indemnify County, its officers and agents, from and against loss or liability arising from
Contractor's acts, errors or omissions in seeking to perform its obligations under this contract. Contractor shall provide
necessary worker's compensation insurance at Contractor's own cost and expense.
9. CONSENT OF COUNTY REQUIRED:
This Agreement is not assignable or terminable by the Contractor, absent written approval of the County.
Notwithstanding the foregoing,this Agreement shall be terminable by the Contractor in the event of his death or
disability.
10. AMENDMENT:
This Agreement may be amended in part or in whole upon agreement of the parties, provided such amendment is reduced
to writing and properly executed.
11. FUNDING CONTINGENCY:
This Agreement and the obligations of the County hereunder are expressly contingent upon adequate funds being
budgeted therefor.
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12. ADDITIONAL WORK:
In the event the County shall require changes in the scope,character, or complexity of the work to be performed which
said changes cause an increase or decrease in the costs to the Contractor or time for performance, an equitable adjustment
in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by
a supplemental Agreement. Any claims by the Contractor for adjustment hereunder must be made in writing prior to
performance of any work covered in the anticipated supplemental Agreement. Any change made without such prior
supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement.
13. INSURANCE:
Contractor shall secure and maintain insurance policies that will protect himself, his employees or subcontractors, and
Weld County from claims for bodily injury, death, or property damage, which may arise from, or are the result of, the
inspection of fiber optic installation contemplated herein, in the amount of$150,000 per person, $600,000 aggregate
which names "the County of Weld, State of Colorado, by and through the Board of County Commissioners of the County
of Weld, its officers and employees"as insured or additional insured.
A certificate of insurance shall be delivered to the Weld County Public Works Department. Said Certificate of Insurance
shall contain a thirty day written notice of cancellation in favor of Weld County, Colorado. Said insurance must be in
force during the entire term of this Agreement, and for a period of twelve(12)months thereafter.
14. DEFAULT:
In the event of default by the Contractor of any provisions hereof,the County may recover its costs and attorney fees
incurred in any suit brought by reason of default.
15. CONTRACTOR IS INDEPENDENT CONTRACTOR:
Contractor agrees that he is an independent contractor and that neither Contractor nor Contractor's agents or employees
are, or shall be deemed to be, an agent or employee of the County for any purpose. Contractor shall have no
authorization,express or implied,to bind the County to any agreement, liability,or understanding.
16. NO CONFLICT:
No employee of Contractor nor any member of Contractor's or an employee's family shall serve on a County Board,
committee or hold any such position which either by rule,practice or action nominates,recommends, supervises
Contractor's operations, or authorizes funding to Contractor.
17. SEVERABILITY:
If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable,this Agreement shall be
construed and enforced without such provision,to the extent that this Agreement is then capable of execution within the
original intent of the parties.
18. GOVERNMENTAL IMMUNITY:
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
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previously exist with respect to any person not a party to this Agreement.
19. NO THIRD PARTY BENEFICIARY:
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.
20. TIME OF ESSENCE
Time is of the essence in each and all the provisions of this Agreement.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written.
CO Y OF WELD 4-D TRIANGLE,CONTRACTOR
By By
C air, oard of ounty Commissioners
M. J. Geile
( C — P k0EST
Date: May 7, 2001 Title
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EXHIBIT "A"
SCOPE OF SERVICES
Contractor will provide the staff to perform the following services relating to the inspection of fiber optic installation:
1. Review of fiber optic installation construction schedules,phase plans, methods of construction,types of
facilities, and location of each;
2. Perform on-site inspection of fiber optic cable placement on an as-needed basis.
3. Attend preconstruction meetings, arrange and attend progress and conference meetings;
4. Act as liaison between the fiber optic company representative and the County;
5. Review all plans and maps for clarification of details, and make recommendations;
6. Conduct on-site inspections of fiber optic installations to ensure that work conforms with plans
and permit requirements, and approve or disapprove of work. Provide video documentation as directed
by the County.
7. Conduct tests at the direction of Weld County to ensure compliance with County standards.
8. Maintain daily logs and records of all fiber optic installation and related activities;
9. Conduct final inspections of all areas disturbed by the fiber optic installation activities and make
recommendations to the County on approval or disapproval of restoration;
10. Review traffic control procedures and advise fiber optic installation construction personnel of proper
procedures;
11. Direct citizen inquiries to Weld County Public Works Department as necessary;
12. Take direction from the Weld County Representative regarding hours of inspection,methods of
inspection, etc.
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WIlD
MEMORANDUV E,,, 03
r'E
• TO: Clerk to the Board DATE: May , 2001
COLORADO
FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Please submit the enclosed item for the Board's next agenda:
Agreement for professional/technical services with 4-D Triangle, c/o Bill Delap.
The appropriate documentation is attached.
Enclosures
2001-1196
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