HomeMy WebLinkAbout20053675.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR INTERSECTION
IMPROVEMENTS FOR WELD COUNTY ROAD 74 AND STATE HIGHWAY 257 AND
AUTHORIZE CHAIR TO SIGN -TOWN OF WINDSOR
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
Intersection Improvements for Weld County Road 74 and State Highway257 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 Windsor, commencing upon full
execution, 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 Intersection Improvements for Weld
County Road 74 and State Highway 257 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 Windsor 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 21st day of December, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
/ WELD COUNTY, COLORADO
ATTEST: JL4/
,uy
�dliam . Jerke, Chair
Weld County Clerk to the ✓j. ., "I
1 M. J. :it- Pro-Tem
BY: . itt �a1 C��.�
D: .uty Cli+rk to the Bo• rd
Day' E. Long
AP DAST \i
isdep
ounty Attorney .•�C
Glenn Vaad
Date of signature: HbI,41
2005-3675
EG0052
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MEMORANDUM
TO: Clerk to the Board DATE : December 15, 2005
C.
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Current WCR 74 and State Highway 257 Weld County Road Improvement Project:
Intergovernmental Agreement for Intersection Improvements for WCR 74 and State
Highway 257 with the Town of Windsor.
Enclosures
pc: Wayne Howard, Senior Engineer
Mona Weidenkeller
M:\Francie\AgendaSignature.DOC
2005-3675
313
INTERGOVERNMENTAL AGREEMENT
FOR INTERSECTION IMPROVEMENTS FOR
WELD COUNTY ROAD 74 AND STATE HIGHWAY 257
THIS AGREEMENT made and entered into this 28th day of November , 20 05 ,by and
between the Town of WINDSOR, Colorado, a municipal corporation of the State of Colorado,
whose address is 301 WALNUT STREET, WINDSOR, CO 80550, 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."
WITNESSETH:
WHEREAS, the COUNTY has commenced a roadway improvement project hereinafter
referred to as the"PROJECT",which includes improving sections of roadway on Weld County Road
(WCR) 74 and State Highway (SH 257)including a new traffic signal; and
WHEREAS, the total estimated cost of the PROJECT under this contract is $1,480,529.00;
and
NOW THEREFORE,in consideration of the mutual promises and covenants contained herein,
the parties hereto agree as follows:
1. SHARING OF PROJECT COSTS FOR ROAD IMPROVEMENTS:The estimated cost of the
PROJECT under this contract to be funded is as follows:
CDOT Funds (via separate contract) $290,000.00
Windsor Funds $218,266.00
Severance Funds (via separate contract) $127,000.00
HES Federal Grant $500,000.00
Weld County $345,263.00
Total Funds $1,480,529.00
The sum to be paid by the TOWN is $218,266.00 and shall be paid by the TOWN to the
COUNTY within thirty (30) days of receiving an invoice from the COUNTY unless such
amount is increased by an appropriate written modification to this contract executed before
any increase cost is incurred. It is understood and agreed by both parties hereto that the total
cost of the PROJECT stated hereinbefore is the best estimate available, based on the design
data at the time of execution of this contract, and such cost is subject to revisions (in
accordance with the procedure in the previous sentence)agreeable to the parties prior to bid
and award.
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The parties hereto agree that this contract is contingent upon all funds designated for the
project herein being made available from other sources, as applicable. Should these sources
fail to provide necessary funds as agreed upon herein,the contract may be terminated by either
party upon written notice being delivered to the other party.
2. COUNTY AGREES:
a. To be the lead agency and have jurisdiction over the project upon execution of this
Agreement,allowing for full authority in contractual arrangements during the prosecution
of the PROJECT.
b. To be responsible for the construction and administration of the PROJECT.
3. TOWN AGREES:
c. To pay its share of the PROJECT cost ($218,266.00) to the COUNTY as required in
paragraph 1 above.
4. ENTIRE AGREEMENT: This writing,together with the exhibits hereto,constitutes the entire
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 ands assigns of
said parties.
5. NO WAIVER OF IMMUNITY: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 that did not previously
exist with respect to any person not a party to this Agreement.
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 incidental beneficiary only.
7. NO WARRANTY BY WELD COUNTY: By virtue of its entering into this Agreement and
upon its promises to perform the work described herein,Weld County makes no warranties,
either express or implied,that the improvements agreed to herein meet or will meet standards
other than those generally required for counties and cities of the size and type similar to the
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parties herein. Weld County will endeavor to obtain warranties from contractors performing
the work covering the work for a year post construction.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate of the
day and year first hereinabove written.
ATTEST: rr� TOWN OF WINDSOR, COLORADO
0
By: \ L. � w ` /
Vim' =_ - ,L _ /I►
Catherine Kennedy, Town Cl ,� ward R. Starck, Mayor
*
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�rN ���� G0i. *
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ATTEST: �� k/�'l/ , ,✓, SEAL :OARD OF COUNTY COMMISSIONERS
Weld COUN Y Cler to the Board D COUNTY, COLORADO
By: . ,VL4U. I Va Ii* e0\1101/115 5.2:. Jl,_ /,�G�✓
De ty Cle c to the Boacc. tit all., `•1 i ' H. Jerke, Chair DEC 2 1 2005
ce
APPRO TO F CONT II:i
•
By:
By. Rod e •
race T. Barker Wind r ager
Weld County Attorney
By: /,/l.
John Frey
Windsor Town Atto y
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