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Home My WebLink About20091524.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR MAINTENANCE OVERLAY PROJECT ON COUNTY ROAD 74 AND AUTHORIZE CHAIR TO SIGN - TOWN OF WINDSOR 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 Intergovernmental Agreement for the Maintenance Overlay Project on County Road 74 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Town of Windsor, commencing upon full execution, 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 Intergovernmental Agreement for the Maintenance Overlay Project on County Road 74 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Town of Windsor 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 1st day of July, A.D., 2009. ATTEST: Weld County Clerk to t BY Dep ty Cle APPROV,EJJ-A� r" 7 BOARD OF COUNTY COMMISSIONERS D NlY, COLORADO r 1861 Q� oat m F. Garcia, lit �®(! h %ouglas demach r Pro-Tem C l� �titi;— �.c..-----. he Boa to the Board my Attorney Date of signature-7/it 1p9 Seap',P. Conway SW ara Kirkmeyer k David E. Long 2009-1524 EG0060 c7/L,2u( / c7 MEMORANDUM TO: Clerk to the Board DATE: June 26, 2009 FROM: Wayne Howard, County Engineer/CIP, Public Works SUBJECT: AGENDA ITEM Intergovernmental Agreement with the Town of Windsor for Maintenance Overlay Project on WCR 74 from WCR 13 to approximately 1,115 feet west of State Highway 257. Funding has been received from the NFRMPO using ARRA funds. Enclosed are two original IGAs. Please return one executed original to Public Works. M:Francie\Agenda Wayne Howard doc co C.. NJ D 0 w O0 2009-1524 Town of Windsor 301 kValrrw Slr(ei • Windsor: Colorado S()5L' • 970 6h'6 7176 • Pux: 970-686-7180 • waif:, a indsnrgnr.ronr June 25, 2009 Wayne Howard Weld County Public Works 1111 H Street P.O. Box 758 Greeley, CO 80632-0758 Dear Wayne, Enclosed please find two originals of the Intergovernmental Agreement for Maintenance Overlay Project on Weld County 74. It has been signed on behalf of the Town of Windsor. Following signatures by Weld County please return the one original that has been punched for a 3 -ring binder to me. Sincerely, Dennis Wagner, P.E. Director of Engineering • • • INTERGOVERNMENTAL AGREEMENT FOR MAINTENANCE OVERLAY PROJECT ON WELD COUNTY ROAD 74 THIS AGREEMENT is made and entered into this 22"° day of June , 2009, by and between the Town of Windsor, State of Colorado by and through the Board of Trustees of the Town of Windsor, hereinafter referred to as "Windsor," with offices located at 301 Walnut Street, Windsor, Colorado 80550, and the County of Weld, State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is P.O. Box 758, 915 10th Street, Greeley, Colorado 80632, hereinafter referred to as "Weld County." WITNESSETH: WHEREAS, Windsor and Weld County have interests in performing an overlay maintenance on Weld County Road (WCR) 74, beginning at WCR 13 and ending approximately 1,115 feet west of State Highway 257, hereinafter referred to as the "Project," as shown on Exhibit "A," which is attached hereto and incorporated herein, and WHEREAS, both parties have jurisdiction on this section of WCR 74, and WHEREAS, Weld County, on behalf of both parties, has applied for and received funding from the North Front Range Metropolitan Planning Organization using the American Recovery and Reinvestment Act funds, and WHEREAS, the parties hereto desire to enter into this Agreement for the purpose of defining their relative roles and responsibilities regarding the completion of the Project, and WHEREAS, both parties are authorized to enter into intergovernmental agreements with one another, pursuant to C.R.S. § 29-1-203 and Colorado Constitution Article XIV, § 18(2) (I), for the purpose ofachieving greater efficiencies for the provision of services to the public. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: I. DESCRIPTION OF WORK: In general, the Project shall consist of milling approximately 3 inches of existing asphalt surface and replacing the same with 3 inches of new asphalt, on the section of WCR 74 shown in Exhibit A. New road striping will also be required. 2. DESIGN OF PROJECT: Weld County agrees to complete the design documents for the Project with its staff. The design shall include a write-up contract detailing the requirements of the contractor. The construction contract shall include specifications for the pavement, striping, milling, and traffic control. Both parties shall agree on the contract criteria prior to advertising the Project. 3. CONSTRUCTION OF IMPROVEMENTS: Weld County agrees to administer and oversee the Pave I of • • • the construction of the project with in-house staff. 4. PROJECT COSTS: The Project is 100% funded through the North Front Range Metropolitan Planning Organization and requires no local match. 5. ENTIRE AGREEMENT: This writing, together with the exhibits hereto, constitutes the entire Agreement between the parties hereto with respect to the subject matter herein, and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors ands assigns of said parties. 6. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may not possess, nor shall any portion ofthis agreement be deemed to have created a duty of care which did not previously exist with respectto any person not a party to this Agreement. 7. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed thatthe 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 in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in the 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 incidental beneficiary only. 8. NOTICES: All notices required herein shall be mailed via First Class Mail to the parties representatives at the addresses set forth below: TOWN: Dennis Wagner, P.E., Director of Engineering 301 Walnut St Windsor, CO 80550 Phone 970-674-2406 dwagner@windsorgov.com COUNTY: Wayne Howard, P.E., County Engineer P.O. Box 758, 1111 "H" St. Greeley, CO 80632 Phone: 970-304-6496, ext 3706 whoward@co.weld.co.us Paae 2 of l • IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate oftheday and year first hereinabove written. • • ATTEST: APPROVED AS TO FORM: Town Attorney _ ATTEST: WELD COUNTY Clerk to By: Deputy Cler to the Boa By: Weld Cdunty Attorney APPROVED AS TO F41 y• am F. Garcia, Chair 07/01/2009 ARD OF COUNTY COMMISSIONERS LD COUNTY, COLORADO Pape 3 of 7cc2-/scy • WCR 74 / Exhibit A • SIVE •r • 4 • II 1 I' Timanth Annex 1• - • l J.! I r• II ■ f • Windsor Annex r_ WCP, 74 f .4 .4 h_p , I 1.41 ■ ■ • ■ a• ■ Hello