HomeMy WebLinkAbout20053674.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 SEVERANCE
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 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 Severance, 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 Severance 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
ti r WELD COUNTY, COLORADO
ATTEST: as�/ boa `t ‘ --,.. J , Chair
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Weld County Clerk to the Boar
1 Jerkerke
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D uty CI rk to the Boaj-d . nj (c�1
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Date of signature: 1117-
Glenn V d 2005-3674
EG0052
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Kiitiet
tt MEMORANDUM
I 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 Severance.
Enclosed are two original agreements. Please send one original executed Agreement to Public
Works as soon as it is executed.
Enclosures
pc: Wayne Howard, Senior Engineer
Mona Weidenkeller
M:\Francie\AgendaSignature.DOC -
2005-3674
INTERGOVERNMENTAL AGREEMENT
FOR INTERSECTION IMPROVEMENTS FOR WELD COUNTY ROAD
74 AND STATE HIGHWAY 257
THIS AGREEMENT made and entered into this day of ,20 ,by and
between the Town of SEVERANCE,Colorado,a municipal corporation of the State of Colorado,
whose address is
231 WEST 4th AVENUE, PO BOX 122, SEVERANCE, CO 80546 ,hereinafterreferredto
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 which is to be funded is as follows:
CDOT Funds (via separate contract) $290,000.00
Windsor Funds (via separate contract) $218,266.00
Severance Funds $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 $127,000.00 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.
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.
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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:
a. To pay its share of the PROJECT cost ($127,000.00) 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 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.
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 parties herein. Weld County will endeavor to obtain warranties from
contractors performing the work covering the work for a year post construction.
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate of
the day and year first hereinabove written.
OF 5 F4% TOWN OF SEVERANCE, COLORADO
2 "r/->,e - �C a
s
` t, 'ci. • j , Town Clerk ' rrebeMilt, Mayor
'G . O
TTES / OF COUNTY COMMISSIONERS
We r COUN Clerk toy he Boar
E COUNTY, COLORADO
ii
By:`. u -e I ,/atl Eccicyiiifi r( 4,<;<, ��
eputy Clerk to theckoard H.'` 4 illiam H. Jerke, Chair
ry_
DEC 21 2005
. --
APPROVE TO FORM ONTENT: y
By: ze, Z
By: John Holdren
B e T. arker Severance Town Administrator
eld County Attorney
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