HomeMy WebLinkAbout890171.tiff RESOLUTION
RE: APPROVE AGREEMENT WITH ERNEST E. OLSON FOR THE ACQUISITION OF
RIGHT-OF-WAY AND EASEMENTS FOR REPLACEMENT STRUCTURE FOR WELD
COUNTY BIRDGE 7/42A AND AUTHORIZE CHAIRMAN TO SIGN
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 with
Ernest E. Olson for the acquisition of right-of-way and easements
for the replacement structure for Weld County Bridge 7/42A, and
WHEREAS, the terms and conditions are as stated in said
Agreement, a copy of which is attached hereto and incorporated
herein by reference, and
WHEREAS, after study and review, the Board deems it advisable
to approve said Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Agreement with
Ernest E. Olson for the acquisition of right-of-way and easements
for the replacement structure for Weld County Bridge 7-42A be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 15th day of
February, A.D. , 1989.
p , tn) BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED
and Clerk to the Board C.W. Kirby, Chairman
ncA��11ee� ��-
b�nenson, Pro-Tem
C13 eput C ty lerk
APPROVED AS TO FORM: enR. Bra er
„D.
George Kenn dy
ounty Attorney
Gore ; L r
k 6 oo43 cc -DA,m `o- 890171
No. 0058
COUNTY OF WELD, STATE OF COLORADu -
STANDARD AGREEMENT
THIS AGREEMENT, made and entered into this 15th day Of 'February , 19 89 ,
by and between the COUNTY OF WELD, State of-Colorado, 'heriliafter called the
County, and
Ernest E. Olson
hereinafter called the Contractor.
WITNESSETH: That the'Contractor for and in consideration 'Of the covenants,
conditions, agreements, and stipulations of the County hereinafter expressed,
does hereby agree to furnish to the County services and materials, as follows,
and/or as described on exhibits attached to and incorporated herein.
(Set forth service to be rendered by Contractor, County Department receiving
service, Contractor's qualifications, and additional provisions incorporated. )
The contractor shall acquire the right-of-way and easements
for the replacement structure for Weld County Bridge 7/42A.
CONTRACT PERIOD will be from February 20, 1989 through' June 20, 1989 .
COMPENSATION: County agrees to pay Contractor for services performed hereunder
at a rate of $ 25.00 per hour and/or n/a
The total amount paid by County to Contractor under this agreement shall not
exceed the sum of 5__2,500t00__________.
ADDITIONAL PROVISIONS set forth on the reverse side hereof constitute a part
of this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the
day and year first above written.
COUNTY OF WELD CONTRACTOR
By • Ernest E. Olson - Sec. Sec. 22-16-1663
7roteal Crma Boa f unty — B —
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ATTEST:
Right-Of-Way Engineer
D rty Count a ,t,�
„�) Tii4l e '
D puty County Clerk
2601 W:13th St. , Greeley Co 80631
—— --Approve As To worm: Address
Pur — —
D f ace &
Administration
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89O171
ADDITIONAL PROVISIONS
1 . Contractor agrees that it is an independent Contractor and that its officers
and employees do not become employees of County nor are they entitled to any
employees benefits as County employees as a result of the execution of this
agreement.
2. Contractor shall indemnify County, its officers and employees against lia-
bility for injury or damage caused by any negligent act or omission of any
of its employees or volunteers or agents in the performance of this agree-
ment and shall hold County harmless from any loss occasioned as a result
of the performance of this contract by Contractor. Tire-Co,IL,et.LU, shall--
provide necessary- workman's compensation -nsrrr-em r-et-Co„t,actor 's owrr cw L
and expense, -
3. No officer, member or employee of County and no member of their governing
bodies shall have apy pecuniary interest, direct or indirect, in this agree-
ment or the proceeds thereof. No employee of Contractor nor any member of
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.
4. Contractor may not assign or transfer this agreement, any interest therein
or claim thereunder without the prior written approval of County.
5. Payment to Contractor will be made only upon presentation of a proper claim
by Contractor subject to the approval of the County Department or Agency
for which the services have been performed.
6. 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 pur-
poses for five years after final payment hereunder.
7_. County may terminate this agreement at any time by giving Contractor a ten
day written notice of such sooner termination and may be terminated at any
time without notice upon a material breach of the terms of this agreement
by Contractor.
8. Time is of the essence in each and all the provisions of this agreement.
9. No alteration or variation of the terms of this agreement shall be valid
unless made in writing and signed by the parties hereto.
10. Contractor shall not be allowed or paid travel expenses unless set forth in
this agreement.
11 . Contractor assures that it will comply with Title VI of the Civil Rights
Act of 1964 and that no person shall , on the grounds of race, creed, color,
sex or national origin be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under this agree-
ment.
12. County shall have a royalty-free, non-exclusive, and irrevocable license to
reproduce, publish, use, and to authorize others to do so, all original
computer programs, writing, sound recordings, pictorial reproductions, draw-
ings and other works of similar nature produced in the course of or under
this agreement; ad Contractor shall not publish any such material without
prior written consent of County.
13. Contractor agrees that determinations of rights to inventions made in the
course of or under this agreement shall be made by County, and that County
shall acquire an irrevocable, non-exclusive, and royalty-free license to
practice and use, rand let any public agency practice and use, any such
invention.
890171
MEMORAnDUM
To Clerk to the Board Date February 10, 1989 CO • ' ADO From Rex Cantrell, Engineering Department GP`s
Standard Agreement for ROW, Weld County Bridge 7/42A
Subject:
This Standard Agreement with Ernest E. Olson pertains to the acquisition of
right-of-way for the replacement structure for Weld County Bridge 7/42A.
The agreement needs to be signed and dated by Bill Kirby, then forwarded to
Pat Persichino for further processing.
RC/mw:msarow
xc: Bud Hooper, CDOH, District IV
Bridge File - 7/42A
890171
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