HomeMy WebLinkAbout950241.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL LAND SURVEYING SERVICES WITH
EDWARD BERLIER, DBA LAND SURVEYORS OF COLORADO, 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, there is a necessity for professional land surveying services to be performed
on behalf of Weld County and in certain circumstances to perform the necessary functions of the
"county surveyor" as referred to in State statute, and
WHEREAS, Article XII, Section 12-1 of the Weld County Home Rule Charter abolishes the
position of county surveyor; however, all duties required of county surveyor are transferred to the
County Engineer, pursuant to Article XII, Section 12-2 of said Charter, and
WHEREAS, the County Engineer does not have the licensing required to accomplish the
tasks of the professional land surveying as required by State statute and as made necessary by
the functions of County Government, and
WHEREAS, it is therefore necessary and appropriate for Weld County to contract for such
professional land surveying services, and
WHEREAS, applications for said services were solicited from all licensed surveyors residing
in Weld County, and the Department of Public Works has recommended that the Board contract
for the services of Edward L. Berlier, P.L.S., d/b/a Land Surveyors of Colorado, to perform said
professional land surveying services, and
WHEREAS, the Board has been presented with an Agreement for Professional Land
Surveying 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 Edward
L. Berlier, P.L.S., d/b/a Land Surveyors of Colorado, commencing February 21, 1995, and ending
February 21, 1996, 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, that the Agreement for Professional Land Surveying 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 Edward L. Berlier, P.L.S., d/b/a Land Surveyors of Colorado,
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said agreement.
950241
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SU0001
RE: AGREEMENT FOR SURVEYOR - BERLIER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 22nd day of February, A.D., 1995.
ATTEST:
VP:14 /0/Zu
Weld County Clerk to the Board
BY.
Deputy Clerk to the Board
AP$RO ZED AS TO FORM,
unty Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CQLORQDO
Dale K. Hall, Chairma
Barba J. Kirkry�eyer Pr�6-Tem
cs
George4.Baxter
Fxc:i ISFn
Constance L. Harbert
W. H.iebster
950241
SU0001
AGREEMENT FOR PROFESSIONAL LAND SURVEYING SERVICES
THIS AGREEMENT is made and entered into thiscan- day of 1Q/Y)AAa 7A , 1995
by and between the County of Weld, State of Colorado, by and through the Board df County
Commissioners of the County of Weld, whose address is 915 Tenth Street, Greeley, Colorado 80631,
hereinafter referred to as "County," and Edward L. Berlier, P.L.S., d/b/a Land Surveyors of
Colorado, whose address is 526 24th Street, Greeley, Colorado 80631, hereinafter referred to as
"Surveyor."
WITNESSETH:
WHEREAS, various state statutes require counties to use the services of a professional
surveyor, commonly referred to as the "county surveyor," with such statutes including, without
limitation, Sections 30-6-110, 30-10-906, and 43-3-302, C.R.S., and
WHEREAS, oftentimes various departments of the County are in need of professional
surveying services in order to carry out their functions, and
WHEREAS, pursuant to Article XII, Section 12-2 of the Weld County Home Rule Charter,
the office of the county surveyor is abolished and, pursuant to Article XII, Section 12-2 of said
Charter, the duties of the former position of county surveyor are transferred to County Engineer, and
WHEREAS, the Weld County Engineer does not have the licensing necessary to perform
said required duties of professional surveying, and
WHEREAS, it is therefore necessary and appropriate the County retain the services of a
licensed surveyor in order that the statutorily required functions of the county surveyor and those
surveying services for the county government should be properly performed, and
WHEREAS, the Board of County Commissioners has reviewed and accepted the proposal
of Surveyor to perform those services.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
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950241
1. TERM. The term of this Agreement shall be from February 21, 1995 to and until
February 21, 1996 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: Surveyor agrees to perform those professional
surveying services made necessary by statutory requirement and/or county function,
only upon request of County's Engineer, of the director or elected official of any of
County's departments or offices, or of County's Director of Finance and
Administration. All such requests must be in writing which must be received by
Surveyor prior to his undertaking the requested work. It is expressly understood and
agreed by both parties that Surveyor shall have no powers in excess of those
expressed herein or implied as necessary to carry out his duties under this
Agreement.
3. PROFESSIONAL LICENSING: Surveyor shall, at all times, maintain his
professional land surveyor registration in good standing and any registration fees or
training required to maintain such licensure shall be at Surveyor's own expense.
Additionally, Surveyor shall ensure, and hereby acknowledges and promises, that all
surveyors working with or for him on surveying projects as requested by County
shall also be properly licensed, with said licenses being in good standing
continuously throughout the term stated herein.
4. COMPENSATION: Surveys of all types as requested by County shall be conducted
at an hourly rate of $54 per hour for two persons. Said rate shall be charged from
portal to portal. County shall not pay for any additional charges for mileage or
equipment. If so requested by County, Surveyor shall quote a "not to exceed" price
on certain projects. If additional persons are required for any County -requested
project, an additional fee of $10 per hour per person will be added only upon review
and approval by County. Office computations and drafting will be billed at a rate of
$26 per hour, which price will include the media of transfer, i.e., mylar, paper,
computer disk, etc. Surveyor agrees to bill County on a monthly basis for all services
rendered, and County agrees to pay such bills within 30 days of receipt thereof.
5. SURVEY PLAT INDEXING SYSTEM AND DEPOSITORY: Parties agree that the
Survey Plat Indexing System and Depository, originally established pursuant to the
requirements of Section 38-50-10, C.R.S., shall continue to be maintained at the
office of the Weld County Clerk and Recorder and all decisions regarding said
indexing system and depository shall be solely that of the Weld County Clerk and
Recorder. Survey shall, however, make any appropriate suggestions as to the
indexing methodology and procedure as he sees fit. County will pay for Surveyor's
time in making said recommendations only is they are specifically requested.
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950241
6. INSURANCE COVERAGE: While Survey or his employees are acting within the
scope of their duties pursuant to this Agreement, they are considered to be officers
of the County and, as such, are entitled to insurance or self-insurance coverage for
their errors or omissions or general liability to the same extent allowed by the
Colorado Governmental Immunity Act, Sections 24-10-101, et. seq., C.R.S., and to
the same extent which coverage is available for any other officer of County. The
parties hereto agree that, by entering into this Agreement, there is no intent on the
part of either party to waive any immunities Surveyor may have either in his
professional capacity or as an officer of County.
7. 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 certified or registered
mail, return receipt requested, with 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 provisions of this Agreement are declared by any
court of competent jurisdiction to be invalid for any reason, such invalidity
shall not effect 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.
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, whether 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 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, waiver or, or excuse for
any other different or subsequent breach.
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IN WITNESS WHEREOF, the parties have set their hands and seals on the date indicated
above.
ATTEST: // G
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CLERK TO THE BOARD OF
COUNTY COMMISSIONERS
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BY: itAxt-eeig✓/
beputy Clerk to the Board
COUNTY OF WELD, STATE OF
COLORADO, BY AND THROUGH THE
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
EDWARD L. BERLIER, P.L.S., D/B/A
LAND SURVEYORS OF COLORADO
SU
BSCRIBED AND SWORN to before me this a2 ad
e
joLLAfuU ,1945.
WITNESS my hand and official seal.
Notary Publi
915 10th St., Greeley, CO 80631
day of
My commission expires: MY C0MMISSt0N EXPIRES JAN. 1, 1996
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