HomeMy WebLinkAbout20042221.tiff INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE
ROAD AND STREET DESIGN, CONSTRUCTION
AND/OR MAINTENANCE SERVICES
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into effective as
of the. /95jday of J , 20c<A.D. between the COUNTY OF WELD,
a political subdivision of the STATE OF COLORADO, whose address is 915 10th Street, P. O.
Box 758, Greeley, CO 80632, hereinafter referred to as "Weld County," and the City of Greeley,
a municipal corporation of the STATE OF COLORADO, with its principal office located at
1000 10th Street, Greeley, Colorado 80631, hereinafter referred to as "Municipality."
WITNESSETH:
WHEREAS, Weld County and Municipality are in agreement that the design,
construction and maintenance services for a temporary sidewalk along 20th Street between Peter
Romero Elementary School and Balsam Village need to take place, and
WHEREAS, Weld County or Municipality has the ability to perform or contract for such
work, with the Weld County maximum share in the total cost of the project being nine thousand
dollars ($9,000.00), and
WHEREAS, Weld County and Municipality desire to enter into this Intergovernmental
Agreement to memorialize their understandings with respect to their respective responsibilities
for the services to be performed as detailed in the attached exhibits.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. PROVISION OF DESIGN, CONSTRUCTION AND/OR MAINTENANCE
SERVICES: Upon the signing of this Intergovernmental Agreement by both
parties hereto, the Municipality shall either perform or contract for the design,
construction and maintenance services to construct and maintain a temporary
sidewalk along 20`h Street between Peter Romero Elementary School and Balsam
Village. The parties expect the contracted services to commence as soon as
possible be completed on or about the commencement of the upcoming school
year.
2. PROPORTIONAL PAYMENT OF COSTS: The parties expect the total cost of
construction to be approximately $18,000, or more, and Weld County will pay up
to $9,000 of the construction cost and the Municipality shall secure the balance of
the funding to complete the project. The party either performing the services or
contracting for them shall bill the other, and said billing shall be paid within thirty
(30) days of receipt.
3. MONITORING OF SERVICES AND NOTICE: Staff from the party which either
performs or contracts for the temporary sidewalk shall be responsible for
monitoring the services to ensure that they comply with acceptable standards.
Page 1 of 3 Pages
2004-2221
/ -.7/ (. : 110J
a.
Notice and contact for Weld County shall be through Mr. Tracy Dyer, Weld
County Department of Public Works, 1111 H. Street, Greeley, Co 80631; (970)
356-4000, ext. 3765; FAX: (970) 304-6497. Notice and contact for Municipality
shall be through:
4. TERM: The term of this Intergovernmental Agreement shall be from July 20,
2004, to and until completion of the sidewalk work described in previous
paragraphs.
5. LIABILITY INSURANCE COVERAGE: If the services described in Exhibit A
are contracted for, the contracting party shall arrange in the contract to include the
other party as an additional named insured on contractor's general liability.
6. GUARANTEE OF WORKMANSHIP: If the services are provided by either
party, the providing party shall not be required to guarantee the workmanship. If,
however, the services are contracted for, the contracting party shall ensure that the
contractor is required to guarantee the workmanship for at least one (1) year
following completion of the services.
7. 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.
8. 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.
9. 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
;d b the parties the iq day of al / ...pp,
wJ V/
e�, �� �• THE COUNTY OF WELD, a political Weld
the Board subdivision of the STATE OF
I66I
COLORADO:
♦:� 'J/ ' ��I/lam. By: "1 / /wf
eputy Clerk to the Board William H. Jerre, Chair Pro-Tem
Board of County Commis ioners of the
*
II
C of Weld
lie O , a municipal
gym * ir''' ` * corporation of the STATE OF COLORADO
. se'x h
%t ji; a
By:
‘,:z$, 4 Clerk Leon d Weist, City Manager
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Page 3 of 3 Pages
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