HomeMy WebLinkAbout20072922.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR PAVING OF COUNTY
ROAD 394 AND AUTHORIZE CHAIR TO SIGN - TOWN OF LASALLE
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
Paving of County Road 394 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 LaSalle,commencing September 17,2007,and ending at such time as the paving
project is completed, 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 Paving of County Road 394
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
LaSalle 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 17th day of September, A.D., 2007.
BO D OF COUNTY COMMISSIONERS
' t` P . WD OUNTY, COLORADO
ATTEST: o/ 2"*.a "�,
'1/44,-; David E. Long, Chair
Weld County Clerk to th •. d �z ♦ v
/261 ��" $ W' lia� . J e, Pro-Tem
BY: �
Deplty Cle to the Boar.
William F. Garcia
APP VED AS F t33- 4 \9_-
obert D. Masden
ounty Attorney A . h ->-
0j(07 'Douglas Rademach r
Date of signature:
2007-2922
EG0056
COr. (mowCl 5 io -oar --off
INTERGOVERNMENTAL AGREEMENT FOR THE PAVING
OF WELD COUNTY ROAD 394
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this day of
September, 2007, by and between the Town of LaSalle, a municipal corporation of the State of
Colorado, hereinafter referred to as "Town," with offices located at 128 N. 2n° Street, La Salle,
Colorado 80645, and the County of Weld, State of Colorado,by and through the Board of County
Commissioners of Weld County,Colorado,hereinafter referred to as"County,"with offices located
at 915 Tenth Street, Greeley, Colorado 80631.
WITNESSETH:
WHEREAS,County is working to complete the paving of Weld County Road("WCR")394
within the unincorporated area of Weld County, from approximately its intersection with U.S.
Highway 85 west to its intersection with WCR 35, and
WHEREAS, Town requests that County pave that portion of WCR 394 located within the
Town's boundaries, from approximately a point located 2,700 feet west of the intersection of WCR
394 and U.S. Highway 85, to a point 1,300 feet west therefrom ("Town Portion of WCR 394"),
which is shown in the attached Exhibit "A," and
WHEREAS,Town agrees to pay for the cost of the work on Town Portion of WCR 394,and
WHEREAS,Town and County now desire to enter into an Agreement for the work on Town
Portion of WCR 394, and
WHEREAS, such Agreements are authorized by C.R.S. § 29-1-203 and Colorado
Constitution Article XIV, § 18(2)(1).
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM.
The term of this Agreement shall be from the date first written above to and until
such time as the paving project described herein is completed.
2. PAVING OF TOWN PORTION OF WCR 394.
County shall pave Town Portion of WCR 394,as detailed in Exhibit A. County shall
be responsible for all project work,including the administration,engineering,design,
construction, inspection, and materials testing thereof,and for all construction signs
and flagging. County shall also be responsible for invoicing Town with the final cost
Page 1 of 3 Pages
O7OO2— a9cg4
for payment as detailed in Paragraph 3, below. County's work on WCR 394 is
scheduled to begin during the week of September 17, 2007.
3. PAYMENT OF COST FOR PAVING OF TOWN PORTION OF WCR 394.
Upon completion of the project described in Paragraph 2, above, County shall
invoice Town for the final cost for the paving of Town Portion of WCR 394. Said
cost is estimated in Exhibit A. The cost invoiced to Town shall be for the final cost
incurred by County for the paving of Town Portion of WCR 394,but in no even will
it exceed the estimated cost of$17,700. Payment by Town to County shall be made
within 30 days of receipt of invoice.
4. NO WARRANTY.
By virtue of its entering into this Agreement and upon its promises to perform the
work described herein, County makes no warranties, either express or implied, that
the paving of Town Portion of WCR 394 meets or will meet standards other than
those generally required for counties and cities of the size and type similar to County
and Town.
5. SEVERABILITY.
If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, 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 hereto.
6. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that the 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 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 an incidental beneficiary only.
7. MODIFICATION AND BREACH.
This Agreement contains the entire agreement and understanding 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
Page 2 of 3 Pages
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 by 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.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of
September, 2007.
TOWN OF LASALLE, a municipal
ATTEST: corporation of the STATE OF COLORADO
B : Ciati a-- By: Q a v
coda Blackston, Town Clerk dy M ez, Mayor
ATTEST: ILa���� \ COUNTY OF WELD, STATE OF
#.;, \ COLORADO, by and through the Board of il S �'"•. County Commissioners of Weld County
`1t61 �;�i`s +
1, ..i� ,., 4.-1 By: -& ,,v1 Eck
I eputy f-rk to the Bo: • -•�� �'� David E. Long, Chairm
M:AWpfile,V GREEALaSalle WCR 394 Paving wpd
Page 3 of 3 Pages
acs - a9aa
EXHIBIT "A"
WELD COUNTY PUBLIC WORKS
PRELIMINARY COST ESTIMATE COST ESTIMATE
FOR ROAD 394 PAVING In LASALLE 24'WIDE SECTION
DATE:09/17/07 1.5"OVERLAY
LaSalle Portion Project Len th=1300' y
ITEM NO. AN D CONTRACT ITEM UNIT UNIt PRICE'V TOTAL QUAN OTT ESTIMATED CORI'V
304 AGGREGATE BASE COURSE(SHOULDER) TON 16.00 90 1,440.00
403 HBP(GRADING SXASPHALTX68XPG 64-22) TON 43.75 300 13,125.00
411 EMULSIFIED ASPHALT(CSS-1 H) GAL. 1.97 170 334.90
620 SANITARY FACILITY EACH 50.00 1 50.00
626 MOBILIZATION L.S. 150.00 1 150.00
627 PAVEMENT MARKING(STRIPING) GAL. 50.00 50.0 2,500.00
630 1 RAFFIC CONTROL L.S. 100.00 1 100.00
PROJECT TOTAL 17,699.90
w• r
}
�.EELT
se :cc
�CR .39A
.�
s 0.2 0 0.2 0.4 Miles
Hello