HomeMy WebLinkAbout20050739.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR GRAVEL ROAD
MAINTENANCE AND SNOW REMOVAL AND AUTHORIZE CHAIR TO SIGN -TOWN
OF GROVER
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 Gravel Road Maintenance
and Snow Removal 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 Grover, 313 Chatoga Avenue, P.O. Box 57, Grover, Colorado 80729, 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 Gravel Road Maintenance and Snow Removal 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 Grover be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
��..` e above and foregoing Resolution was,on motion duly made and seconded,adopted by
en 5T, •� • vote on the 7th day of March, A.D., 2005.
•It /l„on BOARD OF COUNTY COMMISSIONERS
X1161 I1 ° J WELD COUNTY, COLORADO
iategteda
SP/ \ / William H. ke, Chair
��
` ';oe•nty Clerk to the Board BY: Aft-b4/11 4 ,A7-(21ka M. eile, P o-Tpc:)4
Deputy Clerk t the Board
David E. Long
APPROVED AS TO F
EXCUSED
Robert D. Masden
my Attt ney
EXCUSED
Glenn Vaad
Date of signature:
2005-0739
EG0052
6() & AC? 4-fft C13 D5
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MEMORANDUM FE1 23 Sri 2: 5 ,
wiikTO: Clerk to the Board DATE: February 25, 2005
COLORADO FROM: Frank B. Hempen, Jr.
Director of Public Works/County Enginee
SUBJECT: Agenda Item
Intergovernmental Agreement with the Town of Grover for gravel road maintenance and snow
removal.
pc: Jeff Jerome, Operations Division Manager
George Van Dorin, Motor Grader Supervisor
Town of Grover file
IGA file
M:\Francie\Agend-1.doc
mss— e'739
372
INTERGOVERNMENTAL AGREEMENT
TOWN OF GROVER, COLORADO
GRAVEL ROAD MAINTENANCE AND SNOW REMOVAL
THIS AGREEMENT made and entered into this /6.11/ day of reY32 a,q.QY ,20*by
and between the Town of Grover, Colorado, a municipal corporation of the State of Colorado,
whose address is 313 Chatoga Avenue,P.O.Box 57,Grover,Colorado 80729,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 wished to have COUNTY perform gravel road maintenance services on
town streets and that portion of Weld County Road("WCR")390 located within the boundaries of
the TOWN, which are hereinafter referred to as "TOWN STREETS", 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 STREETS
according to the following terms and conditions:
1. COUNTY shall provide maintenance of graveled TOWN STREETS contemporaneously with
COUNTY'S similar activity on Weld County roads surrounding the TOWN. The TOWN
understands that Weld County Roads lying outside the boundaries of the TOWN shall be
given priority. Maintenance includes,but is not limited to,culvert repair and cleaning,ditch
cleaning, snow removal, washout repair, and grading.
2. TOWN agrees to pay COUNTY for the services rendered under this Agreement at the total
cost of labor, equipment, and materials incurred to perform said services. COUNTY shall
bill TOWN on a periodic basis for those services,which have been performed in said period.
To assist the TOWN in budgeting for this agreement,the County shall advise the TOWN of
the current hourly cost for an operated motor grader by November 15`h of each year. If no
information is provided by the dated noted above, the TOWN may use the rate provided in
the previous year. The 2005 rate for an operated motor grader is $56.00 per hour.
3. After consultation with the TOWN the COUNTY shall apply gravel when the material is
necessary to properly maintain a street segment. The TOWN shall furnish the gravel
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necessary for the maintenance operation on the schedule provided by the COUNTY.
4. When a roadway segment appears to be approaching or exceeding an Average Annual Daily
Traffic (AADT)of 200 vehicles per day,the COUNTY shall perform a traffic count. The
TOWN will reimburse the COUNTY for labor and equipment for counts taken by the
COUNTY.
5. TOWN will provide dust suppressant or dust control for roads that have an AADT in excess
of 200 vehicles per day based on two sets of 72-hour counts taken within 90 days of each
other. Maintenance of roads exceeding an AADT of 200 vehicles per day is not included in
this agreement.
6. 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. Nor
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 part to this Agreement.
7. 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 ninety(90)days written notice prior to the date of said
termination.
8. 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 not 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.
9. 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 extend permitted by law.
10. 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
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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.
11. 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 signed this Agreement this\\p, day of
em
ATTEST: TOWN/CITY OF GROVER,COLORADO
-�
t1k>.— By: ,
�,t\\ ]E L4 Mayor of the Town of Grov
' 1861
ti\'�"� W ` '•"' 4114447 BOARD OF COUNTY COMMISSIONERS
Y Clerk to the Board WELD COUNTY, COLORADO
•
=Y �. . /,� ,��� .� By: It\ f
Deputy Cl- to the Board William H. Jerke, Chair MAR 0 7 2005
APPROVE S TO F
By:
nice T. Bark r
Weld COUNTY Attorney
MAIGA\Grover Agree-Maintenance&Snow Removal.doc
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