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Home My WebLink About20050658.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR THE COOPERATIVE MAINTENANCE ASPHALT OVERLAY PROGRAM AND AUTHORIZE CHAIR TO SIGN - TOWN OF MEAD 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 Maintenance Asphalt Overlay 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 Mead, 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 Maintenance Asphalt Overlay 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 Mead be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. 2005-0658 EG0052 (1 ; �Gc� 0375 o INTERGOVERNMENTAL AGREEMENT FOR THE COOPERATIVE MAINTENANCE ASPHALT OVERLAY PROGRAM AND AUTHORIZE CHAIR TO SIGN - TOWN OF MEAD PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 28th day of February, A.D., 2005. BOARD OF COUNTY COMMISSIONERS Ei'a`S // WELD COUNTY, COLORADO 1861 '^9 �11/ William H. ke, Chair VTAktE lerk to the Board � M. J. ile, r - em Deputy Clerk, o t - Board D 'd E. Long fin\ APPROVED A O ORM:. Robed D. asd 1r- _ my Attorney Glenn Vaad Date of signature: .L 2005-0658 EG0052 MEMORANDUM CTO: Clerk to the Board DATE: February 23, 2005 • COLORADO FROM: Frank B. Hempen, Jr. Director of Public Works/County Enginee SUBJECT: Agenda Item Intergovernmental Agreement for the Cooperative Maintenance Asphalt Overlay Program with the Town of Mead on WCR 34 between I-25 and the Mead city limits. 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 Mead. pc: Jeff Jerome, Operations Division Manager Dean Dreher, Engineering Town of Mead file IGA file WCR 34 file M:\Francie\Agend-1.doc 2005-0658 ead Town of Mead P.O. Box 626 441 Third Street Mead-"A Little Town Mead,Colorado 80542-0626 With a Big Future" (970)535-4477 • February 17, 2005 D ECEovE Mr. Jeff Jerome D Operations Manager _ FEB 1 g 2005 Weld County Public Works Department P. O. Box 758 Greeley, Colorado 80632 WELD COUNTY PUBLIC WORKS DEPT Dear Mr. Jerome: Enclosed please find two partially executed Intergovernmental Agreements for Cooperative Maintenance Asphalt Overlay Program. Will you please return a fully executed agreement for the Town's records? Very truly yours, Candace Bridgwater Town Clerk Enclosures (2) INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE MAINTENANCE ASPHALT OVERLAY PROGRAM THIS INTERGOVERNMENTAL AGREEMENT is made and entered into effective as of the 17 day of_January ,2005,A.D.between the COUNTY OF WELD,apolitical subdivision of the STATE OF COLORADO, whose address is 915 10th Street, P. O. Box 758, Greeley, CO 80632, hereinafter referred to as AWeld County,@ and the TOWN OF MEAD, a municipal corporation of the STATE OF COLORADO, with its principal office located at 441 3RD Street, P. O. Box 626, Mead, CO 80542-0626, hereinafter referred to as A Municipality.@ WITNESSETH: WHEREAS,Weld County has scheduled a maintenance overlay on Weld County's portion of road 34 which is located between Interstate Highway 25 and Mead,hereinafter referred to as to Weld County Road 34, during the year 2005, and WHEREAS, said overlay services scheduled for Weld County Road 34, are adjacent to the jurisdictional limits of Municipality and are to be performed by Weld County(Contractor), and WHEREAS,for an additional price to be paid to by Municipality to Weld County,to perform similar 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 Weld County 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 OVERLAY SERVICES BY WELD COUNTY WITHIN MUNICIPALITIY'S BOUNDARIES: Upon the signing of this Intergovernmental Agreement by both parties hereto and the payment of the final costs by Municipality to Weld County for paving services for the 3900'section of Weld County Road 34, located between the Interstate Highway 25 jurisdiction and the town limits where the full jurisdiction of the town starts, which is shown on the attached Exhibit Map, Weld County shall perform the paving services on said stretch of WCR 34 within Municipality's shared boundaries during the year 2005. The scope of work includes 2" of paving, striping, and gravel finish shoulder fillet work. Page 1 of 3 Pages 2. PAYMENT OF FINAL COSTS:Municipality agrees to pay the final costs for approximately 10,400 square yards of paving work and a proportionate share of traffic control,striping,and finish gravel shoulder fillet work,estimated to be$25,500,to Weld County by November 30, 2005,which will pay for all of the paving services to be performed by Weld County on said stretch of WCR 34 within Municipality's boundaries during the year 2005. 3. TERM:The term of this Intergovernmental Agreement shall be from January 1,2005,to and until December 31, 2005. 4. GUARANTEE BY WELD COUNTY: Municipality acknowledges that the goal of the paving services to be performed within Municipality's boundaries by Weld County 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 Paving service in achieving such goal. 5. 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. 6. 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. 7. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms 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 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. Page 2 of 3 Pages cd by the parties the aleaay of P Q t, yQ , 2005. I 861 U/t COUNTY OF WELD, a political subdivision L'!�Jtc n 't lerk to the oard of the STATE OF COLORADO: By: 1---177e Deputy Cle - to he Board William H. Jerke, Chairman FEB 4 8 lx Board of County Commissioners of the County of Weld ATTEST: TOWN OF M , a municipal corporation of the TE OF COLORADO By: By: , Tow lerk Richard E . Kraemer , Mayor M:\word\maint contracts\igakerseyhir.doc Page 3 of 3 Pages EXHIBIT MAP a'F a `�4�` 6 ' '-,', J pY n , 200 0 1200 4t1G f.i f- '1 Li 'End Project Begin Project - - ,IWCR 34 ,` 'i 3900 ft of overlay area t � �- a • •WCR?' pi J l F. tp v`,2y t � .314;.7 CIfigUi l ' °"+` *x, �i 4qn 4 ,fit M? �� 'k filihh ,a ..., t:. � �` : R z Mb`s` p.�i,„r ' 4 ry� I ,«'' ap a�?y.E.. ' "" ', ',. d" �' .� 'ia Eu.... ..,v i w'u r. ... .a.t ..� : Page 4 of 3 Pages Hello