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HomeMy WebLinkAbout890113.tiff RESOLUTION RE: APPROVE AGREEMENT WITH ERNEST E. OLSON FOR THE ACQUISITION OF RIGHT-OF-WAY AND EASEMENTS FOR REPLACEMENT STRUCTURE FOR WELD COUNTY BRIDGE 29/62B 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 29/62B, 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 29/62B 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 25th day of January, A.D. , 1989. (/� BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County erk and Recorder and Clerk to the Board C.W. Kir y, a rman X7.14-m o .1 J c Jo n on, Pro-Tem Deputy Count Clerk APP OVED AS TO FORM: Gene R. Bran ner GeorgT e K �— County Attorney Got • L Ca . is (00/5 ee Te9o`g - 42407, -add -4,4d - 890113 No. 0057 COUNTY OF WELD, STATE OF COLORADO STANDARD AGREEMENT THIS AGREEMENT, made and entered into this ' 25thday ofJanuary , 19 89 , by and between the COUNTY OF WELD, State of Colorado, hereinafter called the County, and Ernest E. Olson hereinafter calked 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 29/62B. CONTRACT PERIOD will be from February 1, 1989 through June 1, 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 $ 2,500.00 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 8Y.�.�� _ Erne! Olson _ s _l6_16€3 hairman, card of Couifoy _ C ssi er41�" �, 8.Y___ , J %1071.0 COUN Sight=of_-Way Engineer LER, , N? RECORDER , Title ' AND CLERK TO THE . :'ARO- _ 2601 W. 13th St., Greeley, Co 80631 ---ein I r-AsT f _l= r-----7--- - ».w, _— — Address ec of man e & Administration 1; , SS# or E. I.N. 890113 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. The Cout,aa.LO, shalt provide -necessary workman Ls -t VIIIIJC,, 0l i v„—hrsurance— t Can tract6P' S 6WTS e t and cape„sc. 3. No officer, member or employee of County and no member of their governing bodies shall have;,any 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 w4rk% of similar nature produced in the course of or under this agreement;. and 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, and let any public agency practice and-Use, ,any such invention. 890113 41116-rnir MEMORAnDUM To Clerk to the Board Date January 23, 1989 _ COLORADO From Rex Cantrell, Engineering Department Standard Agreement for ROW, Weld County Bridge 29/62B Subject: This Standard Agreement with Ernest E. Olson pertains to the acquisition of right-of-way for the replacement structure for Weld County Bridge 29/62B. 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, CDOF, District IV Bridge File 29/62B 89O113 Hello