HomeMy WebLinkAboutC11-123 Watershed Environmental Consultants Inc. •
AGREEMENT FOR PROFESSIONAL SERVIt_S
BETWEEN
EAGLE COUNTY, COLORADO and WATERSHED ENVIRONMENTAL CONSULTANTS,
INC
THIS AGREEMENT ( „ Agreement ") dated as of this 19 day of ItI , 2011, is
between the County of Eagle, State of Colorado, a body corporate and politic, (hereinafter "County")
and Watershed Environmental Consultants, Inc. a Colorado corporation with a mailing address of PO
Box 3722, Eagle, CO 81631 (hereinafter "Consultant ").
Recitals
WHEREAS, the County desires to contract with a Consultant for the provision of the services
outlined in Section 1.1 hereunder; and
WHEREAS, Consultant has represented that it has the experience and knowledge in the subject
matter necessary to carry out the services outlined in Section 1.1 hereunder; and
WHEREAS, County wishes to hire Consultant to perform the tasks associated with the services
outlined in Section 1.1 hereunder; and
WHEREAS, County and Consultant intend by this Agreement to set forth the scope of the
responsibilities of the Consultant in connection with the services and related terms and conditions to
govern the relationship between Consultant and County in connection with the services.
Agreement
Therefore, based upon the representations by Consultant set forth in the foregoing recitals, for
• good and valuable consideration, including the promises set forth herein, the parties agree to the
following:
1. Services Provided
The Consultant will provide the consulting services described in the "Wetland Delineation, Wolcott to
Eagle Trail Project, Phase P' attached hereto as Exhibit A and made a part hereof by this reference
(hereinafter "Services" or "Consulting Services "). In the event of any conflict or inconsistency
between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in
this Agreement, the terms and conditions set forth in this Agreement shall prevail.
1.1 The Consultant agrees that Consultant will not knowingly enter into any consulting arrangements
with third parties that will conflict in any manner with the Consulting Services.
1.2 Consultant has represented to County that it has the expertise and personnel necessary to
properly and timely perform the Services.
2. Term of Agreement
2.1 This Agreement shall commence on the date first set forth above, and subject to the provisions
of Section 2.2 hereof, shall continue in full force and effect until the Consulting Services have been
fully performed, or until the Agreement is otherwise terminated in accordance with Section 2.2 herein.
C(I -!Z2
22 This Agreement may be terminated by either party for any reason with seven (7) days written
notice, with or without cause, and without penalty whatsoever therefore.
2.3 In the event of any termination of this Agreement, Consultant shall be compensated for all
incurred costs and hours of work then satisfactorily completed.
3. Independent Contractor:
3.1 With respect to the provision of the Consulting Services hereunder, Consultant acknowledges
that Consultant is an independent contractor providing Consulting Services to the County.
Nothing in this Agreement shall be deemed to make Consultant an agent, employee, partner or
representative of County.
32 The Consultant shall not have the authority to, and will not make any commitments or enter into
any agreement with any party on behalf of County without the written consent of the Board of
County Commissioners.
33 The Consultant will maintain liability, unemployment and workman's compensation insurance
on his/her behalf, as necessary.
4. Remuneration:
4.1 For the Consulting Services provided hereunder, County shall pay Consultant on an hourly basis
at the rate set forth in Exhibit A hereto. In no event shall the cost of the Services exceed $3,000.
If additional services are required, Consultant shall obtain written permission of County to
perform such Services in advance. Consultant will not be entitled to bill at overtime and/or
double time rates for work done outside of normal business hours unless specifically authorized
to do so by County. Fees for any additional services will be as set forth in an executed
addendum between the parties. Fees will be paid within thirty (30) days of receipt of a proper .
and accurate invoice from Consultant respecting Consulting Services. The invoice shall
include a description of services performed. Upon request, Consultant shall provide County
with such other supporting information as County may request.
4.2 County will not withhold any taxes from monies paid to the Consultant hereunder and
Consultant agrees to be solely responsible for the accurate reporting and payment of any taxes
related to payments made pursuant to the terms of this Agreement.
4.3 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made
to the County nor shall any payment be made to the Consultant in excess of the amount for any
work done without the written approval in accordance with a budget adopted by the Board in
accordance with provisions of the Colorado Revised Statutes. Moreover, the parties agree that
the County is a governmental entity and that all obligations beyond the current fiscal year are
subject to funds being budgeted and appropriated.
5. Ownership of Documents:
All documents (including electronic files) which am obtained during or prepared, either partially
or wholly, in the performance of the Services shall remain the property of the County and are to
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be delivered to County before final payment is made to Consultant or upon earlier termination
of this Agreement.
6. Indemnification:
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6.1 Within the limits allowed by law, Consultant shall indemnify County for, and hold and defend
the County and its officials, boards, officers, principals and employees harmless from, all costs,
claims and expenses, including reasonable attorney's fees, arising from claims of any nature
whatsoever made by any person in connection with the negligent acts or omissions of, or
presentations by, the Consultant in violation of the terms and conditions of this Agreement.
This indemnification shall not apply to claims by third parties against the County to the extent
that the County is liable to such third party for such claim without regard to the involvement
of the Consultant.
7. Consultant's Professional Level of Care:
7.1 Consultant shall be responsible for the completeness and accuracy of the Consulting Services,
including all supporting data and other documents prepared or compiled in performance of the
Services, and shall correct, at its sole expense, all significant errors and omissions therein.
Consultant shall perform the Consulting Services in a skillful, professional and competent
manner and in accordance with the standard of care, skill and diligence applicable to
consultants, with respect to similar services, in this area at this time.
& No Assignment:
The parties to this Agreement recognize that the Consulting Services to be provided pursuant to
this Agreement are professional in nature and that in entering into this Agreement County is
relying upon the professional services and reputation of Consultant and its approved
subcontractors. Therefore, neither Consultant nor its subcontractors may assign its interest in
this Agreement or in its subcontract, including the assignment of any rights or delegation of any
obligations provided therein, without the prior written consent of County, which consent
County may withhold in its sole discretion. Except as so provided, this Agreement shall be
binding on and inure to the benefit of the parties hereto, and their respective successors and
assigns, and shall not be deemed to be for the benefit of or enforceable by any third party.
Unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under the
Agreement.
9. Notices:
9.1 Any notice and all written communications required under this Agreement shall be given in
writing by personal delivery, facsimile or U.S. Mail to the other party at the following
addresses:
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(a) County: Ellie Caryl, ECO Trails Manager, P.O. Box 1070, 3289 Cooley Mesa Road,
Gypsum, Colorado 81637 Phone: 970- 328 -3523 Facsimile: 970- 328 -3539
with a copy to: Eagle County Attorney's Office 500 Broadway PO Box 850 Eagle,
CO 81631 Phone: 9790 - 328 -8685 Facsimile: 970 - 328 -8699
(b) Consultant: Daiva Katieb, Principal, WEC Consultants,
Inc. PO Box 3772 Eagle, Colorado, 81631
Photre/Fax 970 - 328-4364
9.2 Notices shall be deemed given on the date of delivery; on the date the facsimile is
transmitted and confirmed received or, if transmitted after normal business hours, on the next
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business day after transmission, provided that a paper copy is mailed the same date; or three
days after the date of deposit, first class postage prepaid, in an official depository of the U.S.
Postal Service.
10. Jurisdiction and Confidentiality:
10.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and
the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in
the Fifth Judicial District for the State of Colorado.
10.2 The Consultant and County acknowledge that, during the term of this Agreement and in the
course of the Consultant rendering the Consulting Services, the Consultant and County may
acquire knowledge of the business operations of the other party not generally known deemed
confidential. The parties shall not disclose, use, publish or otherwise reveal, either directly or
through another, to any person, firm or corporation, any such confidential knowledge or
information and shall retain all knowledge and information which he has acquired as the result of
this Agreement in trust in a fiduciary capacity for the sole benefit of the other parry during the
term of this Agreement, and for a period of five (5) years following tezmiriation of this
Agreement. Any such information must be marked as confidential. The parties recognize
that the County is subject to the Colorado Open Records Act and nothing herein shall
preclude a release of information that is subject to the same.
11. Miscellaneous:
11.1 This Agreement constitutes the entire Agreement between the parties related to its subject
matter. It supersedes all prior proposals, agreements and understandings.
112 This Agreement is personal to the Consultant and may not be assigned by Consultant.
• 11.3 This Agreement does not and shall not be deemed to confer upon or grant to any third party any
right enforceable at law or equity arising out of any term, covenant, or condition herein or the
breach thereof.
12. Prohibition on Public Contracts for Services:
If Consultant has any employees or subcontractors, Consultant shall comply with C.R.S. § 8-
17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By
execution of this Contract, Consultant certifies that it does not knowingly employ or contract
with an illegal alien who will perform under this Contract and that Consultant will participate in
the E- verify Program or other Department of Labor and Employment program ( "Department
Program ") in order to confirm the eligibility of all employees who are newly hired for
employment to perform work under this Contract.
A. Consultant shall not:
(i) Knowingly employ or contract with an illegal alien to perform work under
this contract for services; or
(ii) Enter into a contract with a subcontractor that fails to certify to the
Consultant that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under the public contract for
services.
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B. Consultant has confirmed the employment eligibility of all employees who are
newly hired for employment to perform work under this Contract through
participation in the E -verify Program or Department Program, as administered by
the United States Department of Homeland Security: Information on applying for
the E- verify program can be found at:
http : // www.dhs.gov /xprevprot/prqgrams /gc 1185221678150.shtm
C. The Consultant shall not use either the E- verify program or other Department
Program procedures to undertake pre- employment screening of job applicants
while the public contract for services is being performed.
D. If the Consultant obtains actual knowledge that a subcontractor performing work
under the public contract for services knowingly employs or contracts with an
illegal alien, the Consultant shall be required to:
(1) Notify the subcontractor and the County within three days that the
Consultant has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
(ii) Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to subparagraph (1) of the paragraph
(D) the subcontractor does not stop employing or contracting with the
illegal alien; except that the Consultant shall not terminate the contract
with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien.
E. The Consultant shall comply with any reasonable request by the Department of
Labor and Employment made in the course of an investigation that the department
is undertaking pursuant to its authority established in C.R.S. § 8- 17.5 - 102(5).
F. If a Consultant violates these prohibitions, the County may terminate the contract
for a breach of the contract. If the contract is so terminated specifically for a
breach of this provision of this Contract, the Consultant shall be liable for actual
and consequential damages to the County as required by law.
G. The County. will notify the office of the Colorado Secretary of State if Consultant
violates this provision of this Contract and the County terminates the Contract for
such breach.
//REMAINDER OF PAGE 1N IE TIONALLY LEFT BLANK //
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above
written.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
COUNTY MANAGER
y: Keith Montag, County Man: er
Watershed Enviromn9ntal Consultants, Inc.
By: Davia atieb
Title: Principal
STATE OF COLORADO )
) ss
County ofd( t— )
The forego' g was acknowledged before me this J Y `may of � �° �� , 20 1 j
by 14t t v t. 44 2
Witness my hand and official seal.
My commission expires: " (Z -
Notary Public
•
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• TAtilont ‘
Watershed Environmental onsultants, Inc.
Wetland Sciences • Environmental Planning • Hydrology • Habitat Inventory/Restoration • Permitting
P.O. Box 3722, Eagle, CO 81631, Voice & Fax: 970/328 -4364
February 28, 2011
ECO Trails
Ms. Ellie Caryl
P.O. Box 1070
Gypsum, CO 81637
RE: Wetland Delineation, Wolcott to Eagle Trail Project, Phase 1,
Eagle County, Colorado
Dear Ellie,
have conducted an initial review of your request for a wetland delineation on the
proposed trail alignment from Wolcott to Eagle, Phase I. The evaluation will include a
50 foot project corridor width on the north side of Highway 6 from Highway 131 to the
Interstate 70 overpass, encompassing approximately 2.2 miles.
The study will include the following: .
• Wetlands will be evaluated by employing procedures described in the U.S.
Army Corps of Engineers (USACE) Wetland Delineation Manual (1987).
• The wetland boundaries will be established in the field with flagging labeled
alphanumerically.
• A survey map, independent of this delineation, will be made available to
Watershed Environmental Consultants, Inc. (WEC, Inc.) for inclusion to the
delineation report.
• WEC, Inc. will coordinate with the USACE regulatory officer as necessary._
• A wetland delineation report will be submitted to the client following the
guidelines set forth by the USACE.
Our time and expenses to perform the professional environmental services for the
wetland delineation and associated report and services as requested is not
anticipated to exceed $3,000.00. This cost reflects only the described, if a more
complicated situation becomes evident, the additional work will be assessed at a
rate of $85 /hour. No work beyond the $3,000.00 estimate will be conducted without
prior authorization.
Thank you for offering WEC, Inc. the opportunity to bid on this project. Ellie, please
feel free to Call me with any questions you may have.
Kind Regards,
Daiva Katieb, Principal
