The URL can be used to link to this page

Browse Search

Home My WebLink About20253559 �n'h�ac� ID�-I o1g t '-^�=1 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN � THE WELD COUNTY DEPARTMENT OF Public Works AND Town of Timnath This Agreement Extension/Renewal ("Renewal"), made and entered into 24th day of December, 2025, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of, Public Works hereinafter referred to as the"DepartmenY', and Town of Timnath hereinafter referred to as the "Contractor'. WHEREAS the parties entered into an agreement (the"Original AgreemenY') identified by the Weld County Clerk to the Board of County Commissioners as document No. 2025-0913, approved on Aqril 2, 2025. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: . The Original Agreement will end on December 31,2025. . The parties agree to extend the Original Agreement for an additional one-vear period, which will begin January 1.2026, and will end on December 31,2026. . The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents, which shall be effective upon the expiration of the current term of the Original Agreement: 1. Town will pay County for services rendered at the total cost of labor, equipment, and materials incurred to perform said services, which have been performed in said period. County shall bill Town on a yearly basis for those services, which have been performed in said period. The 2026 rate for operated motor grader is$80.72 per hour. 2. Exhibit A has been updated to reflect current rate change; Exhibit B is the signed original agreement between Town and County. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. BOARD OF COUNTY COMMISSIONERS Town of Timnath: WELD COUNTY, COLORADO Robert Axmacher Printed Name FOPUL/JMRt:t2r a..n.n>.-... .. . ,. ,.,.,,� , Signature � �� Scott K. 7ames, Chair Pro-Tem �'�"' 2 4 2�25 � �� , � �, � ATfEST: ...c'��-��«�;��! �. _:��;� is�� Weld County Clerk to the Board � � �n�,, �., � BY: �4f' ��--.' -=� �� Deputy Clerk to the Board �� 2025-3559 l 2/Z�/-Z5 ��,O 0�2 Exhibit A 13,iritatti§u„.„- Weld County Public Works Department (970)400-3750 1111 H St, PO Box 758 COUNTY, CO Greeley, CO 80631 November 7, 2025 Robert Axmacher, Mayor Town of Timnath 4750 Signal Tree Dr. Timnath CO 80547 Re: Letter of Agreement for Continuance or Discontinuance of Road Maintenance and Snow Removal Dear Mayor Axmacher: The Town of Timnath and Weld County have in effect an Intergovernmental Agreement(IGA)dated April2,2025,for gravel road maintenance and snow removal of the streets for the Town of Timnath. The Board of County Commissioners requires a written request from the Town of Timnath to continue or discontinue road maintenance and snow removal services by Weld County. Request for Continuance:The Town of Timnath requests continued road maintenance and snow removal services by Weld County,and the County will charge the"current cost incurred"for labor and equipment. The current base rate of maintenance per hour is $8.0.71—and could change on a month-to-month basis per the "current cost incurred" by Weld County. Services will remain in accordance with the terms and conditions of the April 2, 2025, Intergovernmental Agreement. This Letter of Agreement will be in effect until December 31, 2026,at which time the Town of Timnath or Weld County have the option to continue or discontinue services. Signature: _ Date: 1 I /P' ZD Z g J 5 Robert Axmacher,Mayor Discontinue:The Town of Timnath requests discontinuation of road maintenance and snow removal services by Weld County Public Works as of December 31,2025. Signature: Date: Robert Axmacher,Mayor Please return this signed Letter of Agreement indicating renewing or discontinuing road maintenance by December 15,2025.A self-addressed envelope is enclosed. Sincerel y, ti Mike Livengood Gravel Road Management Supervisor Exhibit B INTERGOVERNMENTAL AGREEMENT BETWEEN WELD COUNTY AND TOWN OF Timnath.COLORADO GRAVEL ROAD MAINTENANCE AND SNOW REMOVAL THIS AGREEME NT made and entered into this ZAay of F1pvi i 2025,by and between the Town of Timnath,Colorado,a municipal corporation of the State of Colorado,whose address is 4750 Signal Tree Drive,Trnnath Co 80547 hereinafter referred to as'TOWN"and the County of Weld, State of Colorado,by and through the Board of County Commissioners of the County of Weld,Colorado whose address is P.O.Box 758, 1150 O Street, Greeley, Colorado 80632,hereinafter referred to as "COUNTY". WITNESSETH: WHEREAS,Agreements between Weld County and other governmental entities are authorized and provided for by the provisions of Section 29-1-203, C.R.S.,and so provided for by Section 2-3 of the Weld County Home Rule Charter, and WHEREAS, COUNTY is responsible for maintaining the roadways within the unincorporated portions of Weld County by and through its Public Works Department, and WHEREAS, TOWN is responsible for maintaining its streets and roadways within its town boundaries, and WHEREAS,TOWN has annexed a portion of WCR 15(See Exhibit A)and wishes the COUNTY to perform gravel road maintenance and snow removal services on approximalely.50 miles of WCR 15 within the TOWN's jurisdiction,which are hereinafter referred to as'ANNEXED ROADS".COUNTY is agreeable to performing said services pursuant to the terms and conditions hereinafter set forth. NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, the parties agree as follows • 1. TERM: The initial term of this Agreement shall be in effect from its date of signing and shall automatically renew annualy for successive one-year periods upon the expiration of the initial term and any renewal term, unless earlier terminated as set forth in Section 4,below,or a written notice of non- renewal is given by COUNTY to TOWN at least 90 calendar days prior to the expiration of the term then in effect. 2. AELO COUNTY OBLIGATIONS. COUNTY agrees to perform roadway grading services on an as needed basis and to remove snow from the ANNEXED ROADS shown on Exhibit A. 3. TIMNATH OBLIGATIONS:TOWN also agrees to remain responsible for other infrastructure needs(i.e.gravel resurfacing,road base,culvert replacements, road sign placement andlor replacements.etc.)on the ANNEXED ROADS shown on Exhibit A. TOWN agrees to pay COUNTY for the services rendered under this Agreement at the total cost of labor,equipment,and materials incurred to perform said services. COUNTY shall bill TOWN on a yearly basis for those services, which have been performed in said period. To assist the TOWN in budgeting for this agreement,the COUNTY shall advise the TOWN of current hourly cost for an operated motor grader by November 15'"of each year. If no information is provided by the date noted above,the TOWN may use the rate provided in the previous year.The 2025 rate for an operated motor grader is S76.27 per hour. 4. After consultation with the TOWN, the COUNTY shall apply gravel when the material is necessary to properly maintain a road segment. The TOWN shall furnish the gravel necessary for the maintenance operation on the schedule provided by the COUNTY. 5. When a roadway segment appears to be approaching or exceeding an Average Annual Daily Traffic(AADT)of 200 vehicles per day, the COUNTY shall perform a traffic count.The TOWN will reimburse the COUNTY for labor and equipment for the traffic count taken by the COUNTY. 6. TOWN will provide dust suppressant or dust control lot roads that have an AADT in excess of 200 vehicles per day based on two sets of 72-hour counts taken within 90 days of each other in lieu of grading. County will continue to provide snow removal, and Town wits continue to provide gravel and dust suppressant as deemed necessary for said roads exceeding AADT of 200 vehicles per day. 7. TERMINATION;This agreement may be terminated by either party upon providing to the other party written notice of such termination at least 90 days prior to the projected date of termination. 8. NQ - . lGNMINT;This Agreement shall not be assignable without prior written consent of Weld County or TTrmnath,whichever is the non-assigning party. t 9. GOVERNMENTAL IMMUNITY AND INSURANCE:Both COUNTY and TOWN acknowledge that each party is a governmental entity immune from certain liability pursuant to the Colorado Governmental Immunity Act§§24- 10-101 C.RS.,et seq.No term or condition of this Agreement shall be construed or interpreted as a waiver,express or replied of any of the immunities,rights, benefits,protections,imitations,or other provisions of the Colorado Governmental ImmunityAct§§24-10-101 C.R.S.,et seq,as applicable not or hereafter amended. Both COUNTY and TOWN shall name the other as an additional insured for all standard coverages provided in each Party's property insurance or general liability policy(ies)and covering liability of the insured arising out of bodily injury and/or property damage in connection with the work performed by either Party pursuant to the terns of this Agreement (reserved) 10. MODIFICATION ANO BREACH;This Agreement contains the entire agreement and untentanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction,whether oral or written.No modification,amendment,novation,renewal,or other alteration of or to this Agreement shall be deemed valid or of any force or effect whatsoever, uniesa 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 shal be in writing and signed by the party claimed to have waived or consented.Any consent by any party hereto,or waiver of, a breach by any other party,whether expressed or implied,shall not constitute a consent to,waiver of,or excuse for any other different or subsequent breach. 11. ENTIRE AGREEMEN T;This Agreement,together with the exhibits hereto attached,constitutes the entire Agreement between the Parties with respect to the subject matter herein,and shall be binding upon the Parties,their officers, employees,agents,and assigns and shall inure to the benefit of the respective survivors,heirs,personal representative,slrssom,and assigns of the Parties. The parties hereby agree that neither has made or authorized any Agreement with respect to the subject matter of this Agreement other than expressly set forth herein,and no oral representation,promise,or consideration different from the terms herein contained shall be binding on either party,or its agents or employees,hereto. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 12. SEVERABILITY:If any term or provision or this Agreement is held to be invalid, illegal,or unenforceable,the remainder of this Agreement shall be construed and enforced without such provision to the extent that this Agreement is then capable of execution within the original intent of the Parties. 13- WARRANTY:COUNTY,by and through this Intergovernmental Agreement and upon its promise to perform the road maintenance and snow removal services described herein,makes no warranty,either express or implied,that such services will meet any standards or requirements other than those typically followed by COUNTY in performing such work upon County roadways. 14. INTERRUPTIONS:Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement,where such failure is due to any cause beyond its reasonable control, Including, but not limited to Acts of God,fires. strikes, war, flood, earthquakes,or Governmental actions. 15. GQVERNING LAW This Agreement shall be governed by the laws of the State of Colorado and venue for any dispute shall be in the District Court of Weld County. 16 NOTICES;All notices required herein shall be personally delivered or mailed via First Class Mail to the Parties'representatives at the addresses set forth below: TOWN QF TIMNATH WELD. Jrirx Earl Smith Curtis Hall Town Engineer and Facility Manager Director of Public Works 4750 Signal Tree Drive PO Box 750,1111 H Street Timnath,CO 80547 Greeley,CO 80632 970-224-3211 970-400.3721 IN WITNESS WHEREOF,the parties hereto have executed this Agreement this ZnC, Day of A]VI I _,2025. ATTEST: TOWN OF Timnath,COLORADO By: V'U.AM4 1 f�ip11A I 1 By: Milissa Peters-Garcia,Town Clerk RobertA,onacher,Mayor ATTEST(IjQ ) W. jp;c1 BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO By:Th�1,1 �Y 6 �� 4 )]Adl.l�f 7(b 1 By Deputy Clerk to the Board �sa..� Pe L uck Chair P Y Perry * '�`� APR 0 2 2825 • 1161 s„,,..-,.......1) 4., ,_ ...„, 4-470 2UZ5-0913 Exhibit A I-. , • 1. fi t , jot, ,, , r,..., Nol 6... .4., .... 1111 S... hoe le .6441, . if 4' 4 ,jl � �O. $ ter►lir>� .y ..-_ _ __ _ ' w , o l i/....I►C•..r.l.f�...•..Y.••.NM.••••• Mom.�..bMIM I.MNC.M� OMNI M NOIV•Yi I.1NIMIYIM am_.. �_ Contract Form Entity Information Entity Name* Entity ID* Q New Entity? TOWN OF TIMNATH @00021910 Contract Name* Contract ID Parent Contract ID IGA EXTENSION FOR GRAVEL ROAD MAINTENANCE 10181 AND SNOW REMOVAL. Requires Board Approval Contract Lead* YES Contract Status KHETTINGER CTB REVIEW Department Project# Contract Lead Email khettinger@weld.gov Contract Description* EXTENSION OF PREVIOUS IGA BETWEEN TIMNATH AND WELD COUNTY PUBLIC WORKS FOR GRAVEL ROAD MAINTENANCE AND SNOW REMOVAL FOR 2026 CALENDAR YEAR. Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT PUBLIC WORKS Date* 12/20/2025 12/24/2025 Amount* Department Email $80.72 CM- Will a work session with BOCC be required?* PublicWorks@weld.gov NO Renewable* YES Department Head Email Does Contract require Purchasing Dept. to be CM-PublicWorks- included? Automatic Renewal DeptHead@weld.gov NO Grant County Attorney IGA BYRON HOWELL YES County Attorney Email BHOWELL@WELD.GOV IGA Deadline Date If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date* 11 /01 /2026 12/31 /2026 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 12/18/2025 Approval Process Department Head Finance Approver Legal Counsel KEVIN HETTINGER CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 12/18/2025 12/18/2025 12/18/2025 Final Approval BOCC Approved Tyler Ref# AG 122425 BOCC Signed Date Originator BOCC Agenda Date KHETTINGER 12/24/2025 Hello