HomeMy WebLinkAbout980315.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL TRAFFIC CONSULTING SERVICES
AND AUTHORIZE CHAIR TO SIGN - FELSBURG, HOLT, AND ULLEVIG
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 Traffic
Consulting 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
Felsburg, Holt, and Ullevig, commencing February 23, 1998, and ending December 31, 1998,
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 Traffic Consulting 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 Felsburg, Holt,
and Ullevig, 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 23rd day of February, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
Wy COUNTY, COLORADO
ATTEST: �I� �s I� Ij�� G.441,7 ( i)
Weld Co�, Y tAr he
Constance L. Harbert, Chair
°
W. H. bster, ro-Tem
BY: Ati.i/�>.. . k .✓.�::•,
Deputy fkritNIC. d r % . `4
Geo a Baxter
AP� ASTOF
Dale K. Hall •
ounty Attor y •
ar a . irkmeyer
980315
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AGREEMENT FOR PROFESSIONAL TRAFFIC CONSULTING SERVICES
THIS AGREEMENT, made and entered into this a3/-1 day of1 ,j 1998, by and
between THE COUNTY OF WELD, STATE OF COLORADO, by and through its Board of unty Commissioners,
hereinafter called the "County" and FELSBURG, HOLT & ULLEVIG, Greenwood Corporate Plaza, 7951 E.
Maplewood Avenue, Suite 200, Englewood, Colorado 80111, hereinafter called the"Consultant."
WITNESSETH:
WHEREAS, Weld County, Colorado, requires services of a consulting traffic engineer on its behalf in order
to aid the Public Works Department in reviewing land development applications, and
WHEREAS, it is necessary and appropriate that Weld County obtain the services of a consulting traffic
engineer in order to assist the County Engineer in the performance of his duties, and
WHEREAS,the Board of County Commissioners has reviewed and accepted the proposal of the Consultant
to perform traffic engineering services.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties
agree as follows:
1. TERM: The term of this Agreement shall be from the date written above to and until December 31,
1998 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 60 days prior to the expected date of
termination.
2. SERVICES TO BE PERFORMED: Consultant agrees to such services as may from time-to-time
be requested in writing by the County Engineer, such as, review of traffic studies submitted to Weld
County by land development applicants, coordinate reviews with the Weld County Planning and
Public Works Departments, provide written comments,attend meetings as needed, present findings
at public meetings and hearings as needed. The Consultant shall perform the professional services
described herein and in the Proposal in a timely and professional manner.
3. COMPENSATION: Consultant shall submit in writing a "not to exceed" price, per project, as
requested by County. The price for the initial term of the agreement shall be based on direct costs,
such as,travel, reproduction, and hourly billing rates as follows:
Principal $120/hour
Associate $100/hour
Senior Engineer $ 80/hour
Engineer II $65/hour
Engineer $ 55/hour
Senior Technician/Draftsman $60/hour
Technician/Draftsman II $ 50/hour
Technical Draftsman $45/hour
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Billings shall be made to Weld County Public Works, P.O. Box 758, 933 N. 1 Ith Ave,Greeley, CO
80632 and will be paid within thirty(30)days upon receipt unless disputed by the County.
4. 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.
B. Governing Law. This Agreement shall be construed in accordance with and governed by
the laws of the State of Colorado.
C. Partial Invalidity. If any provision 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. On the contrary, such remaining portions shall be construed and
enforced as if such invalid provisions were deleted.
D. Modification and Breach. This Agreement 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 shall be deemed waived or excused,
unless such waiver or consent shall be in writing and signed by the part 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,waiver of, or excuse for
any other different or subsequent breach.
E. Non-aooropriation: No portion of this Agreement shall be deemed to create an obligation
on the part of County to expend funds not otherwise appropriated in each succeeding year.
F. 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 all rights of
action relating to such enforcement, shall be strictly reserved to the undersigned parties, and
nothing contained 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 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.
5. INDEPENDENT CONTRACTOR: Consultant agrees that he/she is an independent contractor and
will not become an employee of County, nor is the consultant entitled to any employee benefits as a
County employee as a result of the execution of this Agreement.
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6. INDEMNIFICATION: Consultant shall indemnify County, its officers and employees, against
liability for injury or damage caused by any negligent act or omission by Consultant in the
performance of this Agreement and shall hold County harmless from any such loss occasioned as a
result of the performance of this Agreement.
IN WITNESS WHEREOF, the parties have set their hands and official seals on the date indicated above.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST:
Weld Cou C;
,ect t („LiK)it
_
Constance L. Harbert, Chair (02/23/98)
By
f i
Deputy Clete v !
FELSBURG,HOLT& ULLEVIG
By: �O
Title: LCC 'de Cc-
CORPORATE PRESIDENT OR VICE PR IDENT
2-/9 Date: /9
ATTEST: (Corporate Seal)
Corporate Secr9 y
m:wpti les\agreemnt\felsburg.98
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MEMORANDUM r
THEG` ,
COLORADO TO: Clerk to the Board DATE: February 17, 1998
FROM: Drew Scheltinga, County Engineer c 1 L2
SUBJECT: Agreement on Professional Traffic
Consulting Services
Please place the following item on the Board's next agenda:
Agreement between Felsburg, Holt& Ullevig and Weld County for Professional
Traffic Consulting Services.
The appropriate documentation is attached.
ill:wpl Iles\engineer Aagenda I
980315
t_(rcc37
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