HomeMy WebLinkAbout900462.tiff RESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH TUTTLE
APPLEGATE, INC. , 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 a Professional
Services Agreement with Tuttle Applegate, Inc. , concerning a
Substitute Water Supply Plan for Geisert, Hokestra, and Koenig
Gravel Pits, and
WHEREAS, the terms and conditions of said Agreement are as
stated in the 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 Professional
Services Agreement with Tuttle Applegate, Inc. , 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 30th day of
May, A.D. , 1990 .
‘111( BOARD F COUNTY COMMISSIONERS
ATTEST: WELD NTY�,, CO/LO�RADO
Weld County erk anell24":4d Recorder /L ��L1�
and Clerk to the Board Gene R. Brantne Orate
Geo g" a Kennedy, Pro-Tem -4
eputy County erk
-clivO PJ • A.44Gc.f-
APPRO D AS TO FORM: ons ance L. Harber
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CC;;2r
C. . Kirb
County Attorney
�y Gordo c
CoF1 7 L7/? Li „/-dd?",C., �If- ��r � 900462
• ^990 Grant Street, Suite 410
Denver, Colorado 80233
(303) 452-6611
PROFESSIONAL SERVICES AGREEMENT
May 25, 1990
This Agreement is made between TUTTLE APPLEGATE, INC. , and you, as
client(s) , herein called the Client: WELD COUNTY; 915 Tenth Street; Greeley,
CO 80632
This Agreement directs TUTTLE APPLEGATE, INC. to perform the following
work on your behalf:
Substitute Water Supply Plan for Geisert; Hokestra; and Koenig
Gravel Pits (See Letter Proposal Dated May 7, 1990) .
We anticipate this work will take (time estimate) two (2) months. This
anticipated schedule is based upon a reasonable estimate of time required to
perform the work and does not include allowances for time required for
Client's review and approval of submissions, approval of authorities having
jurisdiction over the work, and other delays beyond the control of TUTTLE
APPLEGATE, INC.
For performing the above work you agree to pay TUTTLE APPLEGATE, INC.
the following fee:
$2,500.00 for each pit or a total of $7,500.00 (See Letter
Proposal Dated May 7, 1990) .
$1,000.00 for meetings and negotiations with the State Engineer's
Office (See Letter Proposal Dated May 7, 1990) .
Because TUTTLE APPLEGATE, INC. will expend time on your behalf before
submitting an invoice, we may request a retainer before the work begins. This
retainer will be $ - 0 - and will be applied to the last invoice. Work will
not begin until the retainer is received.
TUTTLE APPLEGATE, INC. will expend certain out-of-pocket costs on your
behalf for which you will be billed. Sometimes these costs are requested
ahead of time. At other times TUTTLE APPLEGATE, INC. will pay these costs and
bill costs plus 10% of such costs on your monthly invoice. Reimbursable costs
that you will have to pay may include application fees, long distance phone
calls, registered mail, couriers, auto mileage ($.25 per mile), travel, meals,
lodging, photocopying, photo reproduction, offset printing, diazo printing,
and other costs.
TUTTLE APPLEGATE, INC. will keep all original work. Pencil and ink
originals require special storage which TUTTLE APPLEGATE, INC. will provide.
Also, it may be necessary to refer to the originals later, and TUTTLE
APPLEGATE, INC. is in the best position to answer questions and interpret the
work.
Invoices will be sent approximately once per month on a twenty-eight
(28) day billing cycle for all work performed during that cycle. Invoice
amounts are due and payable in full within fifteen (15) days of the invoice
date. Accounts unpaid after the fifteen (15) day period shall be in default.
If any account is in default, a late payment charge may be imposed
computed at the daily rate of 0.04% (annual percentage rate of 15%) or_theeA
overdue balance, and accrued and compounded daily. y 0`!62
rotessiona_ Serv:ces Agreement
• TUTTLE APPLEGATE, INC. a WELD COUNTY
May 25, 1990
Page 2
Work may be suspended on all projects for any Client whose account is in
default and materials and information relating to the work will not be
released. Notice of suspension of work will be sent by regular mail to the
Client's address. TUTTLE APPLEGATE, INC. will not be responsible for any
penalty or hardship and will not be liable.
Any account remaining unpaid for a period of sixty (60) days after the
invoice date will be subject to a mechanics lien, collection action through a
collection agency, attorney, small claims court, or other legal action deemed
appropriate.
Reasonable attorney fees, the expense of collection, cost of lien and
lien proceedings, and/or collection service fees will be added to accounts in
default. Time spent by TUTTLE APPLEGATE, INC. personnel in the pursuit of
collection will also be added to accounts in default, at the standard hourly
rates then in effect.
If a bill is to be questioned in whole or in part, the Client must
contact TUTTLE APPLEGATE, INC. by telephone or letter within fourteen (14)
days of the billing date. If this is not done, the bill stands correct as
sent and must be paid in full.
In the event the Client shall require changes in the scope, character or
complexity of the work to be performed beyond the scope of this Agreement and
said changes cause an increase in the costs to TUTTLE APPLEGATE, INC. or time
for performance, an equitable adjustment in fees and completion time shall be
negotiated between the parties and this contract shall be modified accordingly
by a supplemental written agreement. Any claims by TUTTLE APPLEGATE, INC. for
adjustments hereunder must be made in writing prior to performance of any work
or services covered in the anticipated change order. Any change made without
such prior agreement shall be deemed covered in compensation and time
provisions of this contract.
TUTTLE APPLEGATE, INC. warrants that our services are performed in a
workmanlike manner, as directed in this Agreement, and with the usual
thoroughness and competence of the civil engineering, planning, landscape
architectural, and consulting professions. No other warranty or
representation, either expressed or implied, is given or intended in this
Agreement or any of our work for you, including but not limited to proposals,
reports, and drawings.
Additional agreements or changes:
Signed and agreed to on the last date below:
TUTTLE APPLEGATE, INC. Client: WELD COUNTY
OF COMMISjSSS,ONNEERS
By: //ITi ' �\_..)/• 1 G By:� �
Gary J./Tuttle Gene R. Brantner
Title: Principal Title: Chairman
Date: May 25, 1990 Date: 30, }y90c f� � Q�Ac2
ATTEST:J/ UllYt ✓ IF 9 46
Rev. 07/89 WY-L '1 . `'71��u-r'a�,.. n 7r.�-yr i. /
Gene:
i
Please add as item #10 under New Business -
Consider Professional Services Agreement
with Tuttle Applegate, Inc . , and authorize
Chairman to sign.
30O462
TUTTLE APPLEGATE , INC .
11990 GRANT STREET
a= SUITE 410
IS DENVER , COLORADO 80233
(303 ) 452 - 6611
LETTER OF TRANSMITTAL
TO Weld County DATE 5/25 JOB NO. P90-179
915 Tenth Street ATTN Lee Morrison
Greeley, CO 80632 RE SubstitntP WatPr Rnpply Plan
WE ARE SENDING YOU THE FOLLOWING ITEMS:
® ATTACHED 0 UNDER SEPARATE COVER
0 PRINTS ❑PLANS ❑ SPECIFICATIONS
OC0PY OF LETTER ❑RECORDING MYLARS ❑
NO. COPIES DATED SHEET NO. DESCRIPTION
2 5/25 . 90 Professional Services Aareement
THESE ARE TRANSMITTED
❑ FOR YOUR USE p ,APPROVED AS NOTED
❑ FOR APPROVAL ❑ DRAWINGS RETURNED AFTER LOANED TO US
O OTHER
REMARKS Please sign and return one copy to our office.
COPY TO File #P90-129
SIGNED GJT
L0liu2
900462
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