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HomeMy WebLinkAbout20061550.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE SLURRY SEAL PROGRAM AND AUTHORIZE CHAIR TO SIGN - TOWN OF NUNN 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 Cooperative Slurry Seal Program 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 Nunn, 185 Lincoln Avenue, Nunn,Colorado 80648,commencing May 1,2006, and ending December 1, 2006, 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 Cooperative Slurry Seal Program 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 Nunn 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 12th day of June, A.D., 2006, nunc pro tunc May 1, 2006. BOARD OF C NTY COMMISSIONERS u.oL % WELD COU Y, COLORADO ATTEST: 41C? M. J. le, Chair Weld County Clerk tot dip? F David E. Long, Pro-Tem BY: 114, Deg ty Cler o the Board am; t/,‘,€ Willi H. Jerk n AP AS TO l(X 1\1\ Robert . Mas n unty Attorney said ,'S ID(p Glenn Vaad Date of signature: 2006-1550 EG0054 ��� P&, Aluni4 7- 1 :1 O� 6 MEMORANDUM •C TO: Clerk to the Board DATE: June 5, 2006 COLORADO FROM: Perry Eisenach, Engineering Division Manager SUBJECT: Agenda Item Intergovernmental Agreement for Cooperative Slurry Seal Program. The appropriate documentation is attached. Enclosures pc: Tracy Dyer, Chief Inspector M:\Francie\AgendaDonald nonex.doc M: \Francie\Agendanonald nonex.doc 2006-1550 ............... INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE SLURRY SEAL PROGRAM THIS INTERGOVERNMENTAL AGREEMENT is made and entered into effective as of the 3lst day of IYkc , v ,2006,A.D.between the COUNTY OF WELD,a political subdivision of the STATE OF COLORADO, whose address is 915 10th Street, P. O. Box 758, Greeley, CO 80632,hereinafter referred to as Weld County,and the TOWN OF NUNN,a municipal corporation of the STATE OF COLORADO,with its principal office located at 185 Lincoln avenue,Nunn,CO 80648, hereinafter referred to as Municipality. WITNESSETH: WHEREAS, Weld County has advertised for contracted services to apply a Slurry Seal to various roads throughout the county during the year 2006, and WHEREAS,said Slurry Seal services scheduled for Weld County Road("WCR") 100,West of Hwy 85,is adjacent to the jurisdictional limits of Municipality and are to be performed by Quality Resurfacing, Inc. ("Contractor"), pursuant to Bid Request No. B0600068, and WHEREAS, for an additional price to be paid to Contractor by Municipality through Weld County,Contractor will perform similar Slurry Seal services within the boundaries of Municipality, and WHEREAS,Weld County and Municipality now desire to enter into this Intergovernmental Agreement so as to memorialize their agreement with respect to their respective responsibilities for the performance of said services by the contractor within Municipality's boundaries. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. PROVISION OF SLURRY SEAL SERVICES BY CONTRACTOR WITHIN MUNICIPALITIY'S BOUNDARIES: Weld County agrees to contract for the provision of Slurry Seal services during 2006 on the 2600' section of WCR 100, which has been annexed by Municipality and is shown on the attached Map. 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. 2. PAYMENT OF FINAL COSTS: Municipality agrees to pay the final costs for approximately 7,000 square yards of seal coat work and a proportionate share of traffic control, and final striping, estimated to be $5,950, to Weld County by September 30, 2006, to pay for all of the Slurry Seal services to be performed by Contractor on said stretch of WCR 100 within Municipality's boundaries during the Page 1 of 4 Pages year 2006. Final costs will be assessed when bids are opened for the project and applied to the above stated quantities when work is completed within Municipality's boundaries. 3. MONITORING OF THE WORK OF CONTRACTOR: Staff from the Weld County Department of Public Works shall be responsible for monitoring the work of Company to ensure that the Slurry Seal services described above are fulfilled during the year 2006 within Municipality's boundaries. Notice and contact shall be through Mr. Perry Eisenach, Weld County Department of Public Works, 1111 H. Street, Greeley, Co 80631; (970) 356-4000, ext. 3765; FAX: (970) 304-6497. 4. TERM:The term of this Intergovernmental Agreement shall be from May 1,2006,to and until December 31, 2006. 5. LIABILITY INSURANCE COVERAGE:Weld County has arranged in the contract to include Municipality as an additional named insured on Contractor's certificate of insurance. 6. GUARANTEE BY CONTRACTOR:Municipality acknowledges that the goal of the Slurry Seal services to be performed within Municipality's boundaries by Contractor is to provide a new wearing surface and to preserve and extend the life of the paved surface. Weld County makes no guarantee as to the effectiveness of such Slurry Seal service in achieving such goal. There is a one year warranty required of the Contractor to cover workmanship and materials. 7. ENTIRE AGREEMENT: This writing constitutes the entire Intergovernmental 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 and assigns of said parties. 8. NO WAIVER OF IMMUNITY: No portion of this Intergovernmental Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Intergovernmental Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Intergovernmental Agreement. 9. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the teens and conditions of this Intergovernmental Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Intergovernmental Agreement shall give or allow any claim or right of action whatsoever by any other person not Page 2 of 4 Pages included in this Intergovernmental Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Intergovernmental Agreement shall be an incidental beneficiary only. Signed by the parties the th 3I5 day of /`h' t� , 2006. ATTEST: gall a COUNTY OF WELD, a political subdivision Weld County Clerk to the Board of the STATE OF C ORADO: w • By: tat I� a, 'tit(if a. �),y: D= i uty CI: k to a Boar,. 7 =; M. . eile, Chairman 2006 GNI `f Board of County Commissioners of the Eft• �I \ 1I County of Weld ATTEST: '`sir CITY OF NUNN, a municipal corporation of the STATE OF COLORADO By: �� C � � � "" OCk-r�� By: A.v�Tori McMechan, Town C Ierk 0,, Bayne, Mayor (/ Page 3 of 4 Pages 0700 0 -/5SD Map of Area Location is from Hwy.85 to 2600 Feet to West on WCR 100 AAN WQ aE v, NUNN o Q o E i >- T 9 18 17 16 15 14 13 18 17 M 16 15 104 ..........• r 19 20 21 22 23 24 19 20 � 21 22 102 ..._.............r_ . ♦ i 30 29 28 27 26 25 30 29 • 2Q 27 100 I rc NUNN • 31 32 33 34 35 36 31 32 T••. ;I'••1 34 98 : _Ix.; • 6 5 4 3 2 1 6 5 4 3 96 • ♦ 7 8 9 10 .. 11 12 7 8 9 to 10 ... Page 4 of 4 Pages Hello