The URL can be used to link to this page

Browse Search

Home My WebLink About20022910.tiff RESOLUTION RE: APPROVE AGREEMENT FOR GRADING SERVICES AND AUTHORIZE CHAIR TO SIGN -TOWN OF KERSEY 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 Agreement for Grading Services 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 Kersey, 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 Agreement for Grading Services 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 Kersey 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 30th day of October, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, ' OL•RADO ATTEST: � E i≥ - e' .� ay �� ,� �� e'a■. Vaad, hair Weld County Clerk to th .,(*Z)‘,9 1 - Davi:��ong, Pro-Tem I BY: Deputy Clerk to the Bo��.,��v M. . Geile APPRO D AS TO FO '-2—L7)�J„�,> ��` Willi m�. Jerke (l M� my awn �h�X (X '°'H^d L Robert D. Masden Date of signature: 2002-2910 ite 7)10) r'' EG0046 5S AGREEMENT FOR GRADING SERVICES THIS AGREEMENT, made and entered into this30th day of October , 2002, by and between the TOWN OF KERSEY, COLORADO, a municipal corporation of the State of Colorado, whose address is P.O. Box P.O. Box 657, 332 3rd Street, Kersey, CO 80644, 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, 915 10th Street, Greeley, Colorado 80632, hereinafter referred to as "County." WHEREAS, Town wishes to have County perform grading services on that portion of Weld County Road ("WCR") 55 north from Latham Street to the paved portion of Hill Street (State Highway 34 Access Road), located within the boundaries of Town, which is hereinafter referred to as "Town Street", and WHEREAS, County is agreeable to rendering such services pursuant to the terms and conditions hereinafter set forth, and WHEREAS, Agreements between 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. NOW, THEREFORE, County agrees to provide grading services on Town Street according to the following terms and conditions: 1. County shall grade Town Street contemporaneously with County's similar activity on Weld County Roads surrounding Town. Town understands that Weld County Roads lying outside the boundaries of the Town shall be given priority. 2. Town agrees to pay County for the services rendered under this Agreement at a cost of$55.00 per hour as of the date of this Agreement. County reserves the right to raise said cost at any time without prior approval of Town. County shall bill Town on a periodic basis for those services which have been performed in said period. 3. Town shall include County as an additional insured on Town's policies of general liability insurance in order to insure County against any and all loss occasioned as a result of the performance of the services referred to herein and pursuant to this Agreement. No portion of this 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 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 Agreement. 11111 11111 !2II III 1II! IJ)IIJ IIII lilt 11/ /2011:5 1 of 3 R 0.00 0 0.00 J.A. "Suki" Tsukamoto i'cadz-29/0 4. This Agreement shall run from year-to-year from the date of this signing of this Agreement unless terminated by either County or Town, providing the party seeking to terminate this Agreement gives the other party ten (10) days written notice prior to the date of said termination. 5. The parties hereby agree that neither has made or authorized any Agreement with respect to the subject matter of this instrument 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 embodies all Agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 6. If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisions, to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 7. 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. 8. County, by and through this Intergovernmental Agreement and upon its promise to perform the grading described herein, makes no warranty, either express or implied, that such grading will meet any standards or requirements other than those typically followed by County in performing such work upon County roadways. IN WITNESS WHEREOF, the parties hereto have agreed as set forth herein the date and year set forth above. 11111111111111111111IIII 1II Ill 1111 III II IIII 111 320of535 R 0.00 2 10 0.00 J.A. "Sulu" Tsukam to ATTEST: TOWN OF KERSEY, COLORADO - wouw 040 c. Town lerk�`�O �.%s Mayor l 6 n/7 Gpsp014 la k*f SEAL *- ATTEST: % COUNTY OF WELD, STATE OF COLORADO RP .� BY: ,- -'!�� / ��ee}v�,o)\ Y: 4w/ae9 Clerk to the Board of Co yt}8.0. r imsgehrg. hair, Board ofCounty ommissioners � lenn Vaad (10/30/2002) couwt ��Illll�\II��I��It III 1\HI\1�U III 11111 III\U 3007548 1112 Suki Tsuka 3 of 3 A 0.00 D 0.00 J.A. 2�.1'23 MEMORANDUM 4 r'.- I _ . ;'CO:': Utter Gesick, Clerk to the Board DATE: October 28, 2002 l i _ , FROM: Frank B. Hempen, Jr. f- /-la ..(j' ID4.,,F: _ , _ Director of Public Works/County Engineer CSUBJECT: Agenda Item and Chair's Signature Request COLORADO Please submit this item for the Chair's signature and Board's Agreement: Agreement for Grading Services between the Town of Kersey, Colorado and Weld County, Colorado The appropriate documentation is attached. Enclosures: Two original Agreements signed by the Town of Kersey, Colorado pc: Jeff Jerome, Operations Manager Mel Everhart, Motor Grader Supervisor Mona Weidenkeller, Office Tech IV WCR 55 File M:AWPFILES\agendafrand.02-wpd 2002-2910 (Oylllg as we're Town of Kersey :�► �a Come grow with us RECEIVED KERSEY SEP 3 0 2002 332 Third Street WELD CR t.Tv PO. Box 657 PUBLIC VIC4:C5 DEPT Kersey, CO 80644 phone: (970) 353-1681 fax: (970) 353-2197 MEMORANDUM DATE: September 26, 2002 TO: Frank Hempen FROM: Trudy Peterson SUBJECT: IGA For Road Grading Services I have been speaking with your staff and Bruce Barker about the attached IGA for grading services on WCR 55 bordering the east side of Kersey. The IGA has been approved by our Board and signed by the Mayor. Please process it through your procedures as soon as possible. The road is in pretty bad shape and if we could get it added to your schedule right away I would surely appreciate it. It may take a little longer the first few gradings to get the road in proper condition. • I would appreciate anything you can do to get the grading done ASAP. Please give me a call with any comments or questions. Thanks for your help. Hello