HomeMy WebLinkAbout20050702.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENTS TO WELD
COUNTY ROADS 64.75,23 AND 66(EASTMAN PARK DRIVE)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
Improvements to Weld County Roads 64.75,23 and 66(Eastman Park Drive)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, 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 Improvements to Weld County
Roads 64.75,23 and 66(Eastman Park Drive)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
tie following vote on the 2nd day of March, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
.4,Az WELD COUNTY, COLORADO
.-� '1161 1 , .
O;g;v
William H. Jerke, Chair
rat ,� lerk o /War
� , EXCUSED
�T. /�,�,///��_r M. etle, Pro-Tem
BY: �L(N/ /G( J c�l� �`X Deputy Cle to the Board
APPRO F M: d or
Robert D. Masden
un Attorney
EXCUSED
Glenn Vaad
Date of signature: al-
2005-0702
EG0052
Pc1J, PL, 1.0,02_ 03 -023-0c-
6 rs MEMORANDUM
IngCTO: Clerk to the Board DATE: February 23, 2005
•
COLORADO FROM: Frank B. Hempen, Jr.
Director of Public Works/County Enginee
SUBJECT: March 16, 2005, Agenda Item
Intergovernmental Agreement for Improvements to WCR 64.75, WCR 23, and WCR 66 (Eastman
Park Drive) with the Town of Windsor.
Enclosed are two duplicate, original agreements. Please send one original to Public Works as soon
as it is approved/signed by the Chair. Public Works will submit an original to the Town of Windsor.
pc: Cameron Parrott, Project Manager
Town of Windsor file
IGA file
WCRs 64.75, 23, and 66
M:\FrancieW gend-I.doc
°ZOOS-- O-7
369
INTERGOVERNMENTAL AGREEMENT
FOR IMPROVEMEN IS '1U WELD COUNTY ROAD (WCR) 64.75,
WCR 23, AND WCR 66 (EASTMAN PARK DRIVE)
THIS AGREEMENT is made and entered into this 14th day of February , 2005,by
and between the Town of Windsor, Colorado, an incorporated Colorado home-rule municipality,
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 WCR 64.75,WCR
23 and WCR 66 also known as Eastman Park Dnve, and
WHEREAS,the total estimated cost of the PROJECT is $818,000.00, and
WHEREAS, although the roadway sections included in the PROJECT are located within the
COUNTY, the TOWN shall annex the aforesaid portions of roadway no later than September 1,
2008, and is therefore willing to pay $290,000.00 for its portion of the PROJECT costs. The
PROJECT is expected to be completed on or before September 1, 2005.
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 parties agree to each
pay a portion of the total cost of the PROJECT. The sum to be paid by the TOWN is
$290,000.00, and the TOWN shall pay said sum to the COUNTY within thirty(30)days of
receiving an invoice from the COUNTY. Cost Overruns shall be paid for by both parties in
relation to their contribution percentages of the PROJECT total estimated cost. The TOWN
will be responsible for 35% of Cost Overrun charges while the COUNTY shall cover the
remaining 65%. TOWN's payment of any Cost Overrun charges shall be made to COUNTY
within thirty(30) days of receiving an invoice for such amounts from the COUNTY.
2. COUNTY AGREES:
a. To be the lead agency and have jurisdiction over the PROJECT upon execution of this
Agreement,allowing for full authonty in contractual arrangements dunng the prosecution of
the PROJECT.
b. To be responsible for the design, construction, and administration of the PROJECT.
c. To inspect and maintain the PROJECT and include it in any required road inventory.
3. TOWN AGREES:
a. To pay its share($290,000.00)of the PROJECT cost and pay its percentage(35%)of the
PROJECT Cost Overrun charges to the COUNTY as required in paragraph 1 above.
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3270369 03/22/2005 12:50P Weld County, CO
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b. To assume responsibility for maintenance, inspection and inventory of roadway sections
included in the PROJECT upon annexation of the roadway sections to the TOWN no later
than September 1, 2008.
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 which 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 the 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.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate of the
day and year first hereinabove written.
ATT T: TOWN OF WINDSOR, COLORADO
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TY Clerk to the Board WELD COUNTY, COLORADO
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` frs j9 . t :oar. William H. Jerke, Chair
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rue e ounty ttorney
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