The URL can be used to link to this page

Browse Search

Home My WebLink About951213.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL RIGHT-OF-WAY ACQUISITION SERVICES 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 for Professional Right-of-way Acquisition Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Public Works Department, and Western States Land Services, Inc., 4021 Lissa Drive, Loveland, Colorado 80537, commencing June 12, 1995, and ending December 31, 1995, 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 Right-of-way Acquisition Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Public Works Department, and Western States Land Services, 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 12th day of June, A.D., 1995. BOARD OF COUNTY COMMISSIONERS ATTEST: Weld County ,tero the Board BY. 4i#4ice, r V'A / 2 7 Deputy-Cldtk�t, a ward Ifl APPAS TO FOR un y Attorney Webster C01'_1 /21J ta5/ S D COUNTY, C'LO' 'O Dale K. Hall, Chairman I Kirkmeye , Pr Tem/ George E.°Baxter Constance L. Harbert n /" ( .x.1`1 I'i 951213 EG0034 AGREEMENT FOR PROFESSIONAL RIGHT-OF-WAY ACQUISITION SERVICES THIS AGREEMENT is made and entered into this /L2 day of ` J , 1995 by and between the County of Weld, State of Colorado, by and through Board of County Commissioners of the County of Weld, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "County," and Western States Land Services, Inc., whose address is 4021 Lissa Drive, Loveland, Colorado 80537, hereinafter referred to as "Western States." WITNESSETH: WHEREAS, County has the duty of constructing and maintaining a county road system, pursuant to the requirements of state statute set forth in Article 2, Title 43, C.R.S., and WHEREAS, as part of its construction and maintenance duties, County oftentimes is in need of acquiring additional road rights -of -way, and WHEREAS, upon the recommendation of the County Engineer, County has determined that the most efficient method by which such road right-of-way may take place is by utilizing the services of a professional road right-of-way acquisition agent, and WHEREAS, Western States wishes to provide to County its services for such road right-of- way acquisition and, in accordance with Western States' proposal entitled "Request for Proposal to Weld County Public Works Department, Weld County, Colorado, Right -of -Way Acquisition Services," dated April, 1995, which is incorporated herein by reference for all purposes, and WHEREAS, the parties hereto now desire to enter into this Agreement for the purpose of obtaining the road right-of-way acquisition services necessary for County to complete certain roadway projects which are scheduled to be completed in 1995 and in years thereafter. 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 the date above written to and until December 31, 1995 and shall be renewed automatically on a yearly basis thereafter, unless sooner terminated by either party by written notice to the other received at least 30 days prior to the expected date of termination. 2. SERVICES TO BE PERFORMED: Western States agrees to perform those professional services necessary for County's road right-of-way acquisition in accordance with the procedures and methodologies set forth in Western States' proposal document entitled "Request for Proposal to Weld County Public Works Page 1 of 5 Pages 951213 Department, Weld County, Colorado, Right -of -Way Acquisition Services," dated April, 1995 (hereinafter referred to as "the Proposal"), which is incorporated herein by reference for all purposes. All such road right-of-way acquisition services shall be performed by Western States only upon and after receiving written request for such services by and from the Weld County Engineer. It is expressly understood and agreed by both parties that Western States shall have no powers in excess of those expressed herein or in the Proposal, or as may be implied as necessary to carry out Western States' duties under this Agreement and the Proposal. Prior to any road right-of-way acquisition, Western States agrees to obtain approval of all contract, deed, and grant of easement forms by County and shall confer with County to establish maximum limits for monetary offers made during acquisition negotiations. All road right-of-way acquisitions shall be subject to prior approval of County, by and through the Board of County Commissioners. 3. COMPENSATION: Western States shall be compensated for all road right-of-way acquisition services which it renders according to the fee schedule set forth in the Proposal. On or as soon as is practical after the first day of each calendar month during the term of this Agreement, Western States shall submit to County a detailed invoice for the charges for services rendered to County by Western States. County agrees to pay any such bills for professional services to Western States within 20 days from receipt of the invoice. 4. ASSURANCES BY COUNTY: County provides the following assurances to Western States: A. County shall provide Western States, by and through the County Engineer, with sufficient information pertaining to any project which County desires to have Western States perform the professional acquisition services as contemplated herein and in the Proposal in order to enable Western States to perform such services. The term "sufficient information" includes, but is not limited to, the approval of any and all agreement, deed, grant of easement, and temporary easement forms. B. County shall consider, by and through its Board of County Commissioners, the approval of any proposed agreement for acquisition of road rights -of -way as negotiated by Western States on behalf of County. Such consideration shall take place in a timely manner after such proposal is submitted to the County Engineer by Western States upon the completion of negotiations. C. County shall provide the monies necessary to make payments for all negotiated agreements, including, but not limited to, any necessary fee acquisitions and other related costs. The term "related costs" shall include notary fees and recording fees. Any such payments shall be made only upon Page 2 of 5 Pages 951213 the express approval of County, by and through its Board of County Commissioners, as set forth in subparagraph B, above. 5. ASSURANCES OF WESTERN STATES: Western States provides the following assurances to County: A. Western States shall maintain complete records and files in regard to all negotiations and payments made in the course and scope of the road right-of- way acquisition services as contemplated herein and in the Proposal. All such records shall be open to the inspection of County, its officers, employees, and agents upon request by County. B. Western States shall perform the professional services described herein and in the Proposal in a timely and professional manner. C. Western States shall work closely with the County Engineer and his staff with respect to any road right-of-way acquisition on which it is asked to work by written request of the County Engineer. D. Upon learning that any road right-of-way acquisition negotiations have come to an end and with the knowledge that a road right-of-way may be obtained only through eminent domain proceedings conducted by County, Western States shall cease all efforts of further negotiation and will consult with the County Engineer and the Weld County Attorney as to further proceedings in order to adequately comply with Colorado State statutes. 6. MISCELLANEOUS: A. Notices or Payments. All notices or payments made or given hereunder shall be in writing and shall be delivered in person or sent by mail, postage prepaid, to the parties at the addresses set forth above. Any such notice shall be deemed to have been given when deposited in the mail of the United States Postal Service. B. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Colorado. C. Paragraph Captions. The captions of the paragraphs within this Agreement are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. D. Additional Documents or Action. The parties hereto agree to execute any Page 3 of 5 Pages 53.51213 additional documents or take any additional actions which may be necessary in order to carry out the purposes and intentions of this Agreement and of the Proposal. E. Partial Invalidity. If any of the provisions of this Agreement are declared by any court of competent jurisdiction to be invalid for any reason, such invalidity shall not affect the remaining portions hereof. To the contrary, such remaining portions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions were deleted. F. Modification and Breach. This Agreement, including the Proposal, contains the entire agreement and understanding between the parties hereto and supersedes any other agreements concerning the subject matter of this transaction, oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement shall be deemed valid or of force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement or the Proposal shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent to any party hereto, or waiver of a breach by any other party, whether express or implied, shall not constitute a consent to, or waiver of , or excuse for any other different or subsequent breach. G. Assignment. This Agreement shall not be assigned by Western States without the prior written consent of County. H. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties and their respective legal representatives, successors, heirs, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein. Independent Contractor. Western States is an independent contractor as provided and defined in Section 8-40-202(2), C.R.S., and Western States and its employees are not entitled to Worker's Compensation benefits and/or any other employee benefits offered by County. J. No Third Party Beneficiaries/No Waiver of Immunities. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement and the Proposal, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement or the Proposal shall give or allow any claim or right of action whatsoever by any other person not included in this Page 4 of 5 Pages 951213 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 deemed an incidental beneficiary only. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties, their officers, or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care that did not previously exist with respect to any person not a party to this Agreement. K. Funding. No portion of this Agreement shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated during the term of this Agreement. L. Insurance. Western States shall carry and maintain at all times during this Agreement statutory Workmen's Compensation Insurance and General Liability Insurance in the amount of $1 million. SIGNED this / day of ATTEST: BY: Corporate Secretary ATTEST: I1 /V/v(/Ltit y,tyu} ,1995. CLERK TO THE OA R`D OF COUNTY CO ' IS )4ERS BY: eputy CI tK/ A Board M:\\VI'I'I I.I S\AGREE.\ROWACQUI.CJ I3 WESTERN STATES LAND SERVICES, INC. BY. AR AREA AZUR COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD Dale K. Hall, Chair, a G(P�/Wq5 Page 5 of 5 Pages 951.213 Land Services, Inc. June 5, 1995 Bruce T. Barker County Attorney Weld County, Colorado 915 10th Street Greeley, Co. 80631 Acquisition and Permitting Specialists 4021 Lissa Drive Loveland, Colorado 80537 (970) 667-7602 • Metro (303) 938-1414 Fax (970) 667.7603 ELD COUNTY ATTORNEY'S OFFICE Re: Agreement for professional Right -of -Way Acquisition Services Dear Bruce; Enclosed is the original agreement referenced above that you sent to me on May 31, 1995, signed by the appropriate officers of Western States Land Services Inc. Upon acceptance and counter- signature by the County, please return to me one copy with original signature of the County for our records. Thanks for you assistance in this matter and please call should you have any questions. Sincerely, WESTERN STATES LAND SERVICES, INC. Phil B. Mazur Vice President WELDCNTY\C40#1A\BARKER.LTR 951213 Hello