HomeMy WebLinkAbout20062745 RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR PAVEMENT OVERLAY OF
FIRST AVENUE AND AUTHORIZE CHAIR TO SIGN -CITY OF EVANS
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
Pavement Overlay of First Avenue 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 City of Evans,commencing upon full execution,with 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 Pavement Overlay of First Avenue
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 City of
Evans 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 4th day of October, A.D., 2006.
BOARD OF C UNTY COMMISSIONERS
WELD COU , COLORADO
ATTEST: 44 1/4
f t` '¢ M. J eile, Chair
Weld County Clerk to the• . TO)
L Coo
9 k � David E. Long, Pro-Tem
BY: Wit. C .d ., . 7
Deputy Clerk to the Board + ` i 2 fr L. .
Will•kn H. Jerk rl --_
AP DAST •
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/ Glenn Vaad
Date of signature: /��s/�
2006-2745
EG0054
Ci' : iaw I aLLO is-,2S-0C,
rivt‘ MEMORANDUM
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TO: Clerk to the Board DATE: 9/28/2006
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Intergovernmental Agreement for Pavement Overlay of 1st Avenue with the City of Evans.
Enclosed are two original Agreements,please return one original to the Public Works Department as
soon as it is signed.
pc: 1st Avenue file
City of Evans file
M:\Francie\Agenda Item.doc
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2006-2745
INTERGOVERNMENTAL AGREEMENT FOR PAVEMENT OVERLAY
OF 1st AVENUE
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this 5`h day
of September , 2006, by and between the City of Evans, a municipal corporation of the State of
Colorado, hereinafter referred to as "Municipality," with offices located at 1100 37th Street,
Evans, Colorado 80620, 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 planning an asphaltic concrete overlay of a portion of Is'Avenue,
from 31st Street southerly to 37th Street(aka WCR 54), a length of approximately 2600
feet, and
WHEREAS, both County and Municipality have joint jurisdiction over said stretch of 1st
Avenue, and
WHEREAS, Municipality desires to include its segment of 1st Avenue from 31st Street
southerly to 37th Street (aka WCR 54) into the County paving project, and
WHEREAS, Municipality and County now desire to enter into an Agreement to equally
share the cost of the asphaltic concrete overlay and appurtenant improvements to be
performed by County on 1st Avenue upon the promise that after completion, Municipality
shall accept, by deed, the transfer of ownership of said portion of 1st Avenue and shall
thereafter assume the responsibility of performing all necessary maintenance on said
roadway, 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. PROVISION OF PAVING SERVICES BY WELD COUNTY WITHIN
MUNICIPALITIY'S BOUNDARIES: Upon the signing of this Intergovernmental
Agreement by both parties hereto and the payment of the final costs by Municipality
to Weld County for paving services on the 2600' section of 1st Avenue which has
been annexed by Municipality and is shown on the attached Exhibit Map, Weld
County shall perform the paving services on said stretch of 1st Avenue within
Municipality's boundaries during the Year 2006. Preparatory work such as patching
and or crack sealing are the responsibility of the Municipality and are not included as
part of the work to be performed.
Page lof 3
2. PAYMENT OF FINAL COSTS: Municipality agrees to pay the final costs for
approximately 3,550 square yards of paving and shoulder work and a proportionate
share of traffic control, and striping estimated to be $21,900 (see attached estimate),
to Weld County upon completion of the work, to pay for all of the paving services to
be performed by Weld County on said segment of 1st Avenue within Municipality's
boundaries during the Year 2006. Final costs will be assessed when work is
completed within the Municipality's boundaries. Payment of such sum to County
shall be no later than December 31, 2006.
3. MONITORING OF THE WORK OF CONTRACTOR: Staff from the Weld County
Department of Public Works shall be responsible for monitoring the work to ensure
the paving services are fulfilled during the year 2006 within Municipality's
boundaries. Notice and contact shall be through Mr. Dean Dreher, Weld County
Department of Public Works, 1111 H. Street, Greeley, Co 80631; (970) 356-4000,
ext. 3780; FAX: (970) 304-6497.
4. TERM: The term of this Agreement shall be from the date first written above to and
until such time as: a) the asphaltic concrete overly is completed, and b)the transfer
of ownership of said segment of 1st Avenue under County jurisdiction is
executed by County is accepted by Municipality.
5. ASSUMPTION OF ALL NECESSARY MAINTENANCE:
Upon the acceptance of the transfer of ownership of said stretch of 1st Avenue,
Municipality shall thereafter assume the responsibility of performing all necessary
maintenance on said roadway.
6. 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.
7. 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.
Page 2of 3
8. 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 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.
9. 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 said stretch of is'Avenue meets or will meet standards other than
those generally required for counties and cities of the size and type similar to
County and City.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this!/f"day of
2kcher , 2006.
ea 6F 1refri).,, CITY OF EVANS, a municipal
ATTEST: 4� ;: ** 9� orporation of the STATE OF COLORADO
.). (Ps
By: 1)U( _ SEAL t4tparKim Betz, To k =
'C 9``,`````
� �i� .0 RtpO.` COUNTY OF WELD, STATE OF
We14. County Clerk to the Board COLORADO, by and through the Board of
County Commission of Weld County
1261 t
1 By: /.7 7rA
k o the oard M. J. Geile, Chair OCT 0 4 2006
6\EvansPaving-Maint.doc
Page 3 of 3
aa% 7951
1st Avenue Improvements at Evans
3/16/2006 2"OVERLAY ON APPROX. 7100 SY ENGR.ESTIMATE
Project Length=2600'
WORK CONSISTS OF OVERLAY ON 24'WIDE SECTION WITH 4'GRAVEL SHOULDER FILLETS
Item Unit Cost Total Cost
Number Item Unit Quantity ($) (S)
304 AGGREGATE BASE COURSE(CLASS 6) FOR FINISH TON 500 16.00 8,000.00
SHOULDER FILLETS(5300'@ 4'WIDE 2"DEEP)
403 HOT BITUMINOUS PAVEMENT(GRADING SX) TON 825 35.50 29,287.50
(ASPHALT)(75)(PG-64-22)
411 EMULSIFIED ASPHALT(CSS-1 H)(TACK COAT) GAL. 350 1.00 350.00
614 TRAFFIC CONTROL L.S. 1 500.00 500.00
626 MOBILIZATION L.S. 1 1,000.00 1,000.00
627 PAVEMENT MARKINGS L.S. 1 400.00 400.00
ADMIN L.S. 1 100.00 250.00
Total $39,787.50
Contingencies @ 10% $3,978.75
Total Estimated Construction Cost $43,766.25
Note: This engineers estimate is provided only to provide an estimate of construction costs
to the owner for budgeting purposes. Actual prices bid may vary from this estimate.
EXHIBIT MAP
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