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Home My WebLink About20040984.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE CRACK SEAL PROGRAM AND AUTHORIZE CHAIR TO SIGN - TOWN OF EATON 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 Crack Seal 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 Eaton,commencing January 1,2004,and ending December 31,2004,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 Crack Seal 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 Eaton 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 29th day of March, A.D., 2004, nunc pro tunc, January 1, 2004. BOARD OF COUNTY COMMISSIONERS WE COUNT , COLORADO ..; AATTEST: jandeA ES obert D. Masden, Chair Weld County Clerk to the`RpBY: fi:. P � illiam H. ke, Pro-Tem Deputy Clerk to the Boa S� �� A71 M. J. _kPPROV AS T M: 1 �� David E. Long ounty Attorney 244Al2 Glenn Vaad Date of signature: 'V// 2004-0984 EG0050 CO INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE CRACK SEAL PROGRAM THIS INTERGOVERNMENTAL AGREEMENT is made and entered into effective as of the day of ,2004,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 EATON, a municipal corporation of the STATE OF COLORADO, with its principal office located at 223 15t Street, Eaton, CO 80615,hereinafter referred to as "Municipality." WITNESSETH: WHEREAS, Weld County has advertised for contracted services to apply a Crack Seal to various roads throughout the county during the year 2004, and WHEREAS, said Crack Seal services scheduled for Weld County Road("WCR") 76 from HWY 85 to WCR 39, and WCR 39 from WCR 74 to WCR 72, are adjacent to the jurisdictional limits of Municipality and are to be performed by Flat Coat Asphalt Specialists ("Contractor"), pursuant to Bid Request No. B0400038, and WHEREAS, for an additional price to be paid to the Contractor by Municipality through Weld County, Contractor will perform similar Crack Seal 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 Contractor 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 CRACK SEAL SERVICES BY CONTRACTOR 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 Crack Seal services on the 2,950 ft. long by 24 ft. wide section and the 4,600 ft. long by 12 ft. wide section which is located on WCR's 76 and 39, respectively, which have been annexed by Municipality and are shown on the attached Exhibit Map,Weld County shall direct Company to perform the Crack Seal services on said stretches of WCR's 76 and 39 within Municipality's boundaries during the year 2004. Preparatory work such as patching and as well as final striping are the responsibility of the Municipality and are not included as part of the work to be performed. Page 1 of 3 Pages 2. PAYMENT OF FINAL COSTS: Municipality agrees to pay the final costs for approximately one ton of Crack Seal material and a proportionate share of traffic control, estimated to be $1,300, to Weld County by September 30, 2004, to pay for all of the Crack Seal services to be performed by Contractor on said stretches of WCR's 76 and 39 within Municipality's boundaries during the year 2004. Final costs will be assessed when bids are opened for the project and applied to the above stated quantities when work is completed within Municipality's boundaries. 3. MONITORING OF THE WORK OF CONTRACTOR: Staff from the Weld County Department of Public Works shall be responsible for monitoring the work of Company to ensure that the Crack Seal services detailed in Contract are fulfilled during the year 2004 within Municipality's boundaries. Notice and contact shall be through Mr. Dean Dreher, Weld County Department of Public Works, 1111 H. Street, Greeley, Co 80631; (970) 356-4000, ext. 3765; FAX: (970) 304-6497. 4. TERM: The term of this Intergovernmental Agreement shall be from January 1, 2004, to and until December 31, 2004. 5. LIABILITY INSURANCE COVERAGE: Weld County will arrange in the contract to include Municipality as an additional named insured on Company's general liability policy as detailed in Section 107.5. on Page 88-90 of CDOT Standard Specifications 1999. 6. GUARANTEE BY CONTRACTOR:Municipality acknowledges that the goal of the Crack Seal services to be performed within Municipality's boundaries by Contractor is to provide a water proof seal to existing cracks to help preserve and extend the life of the paved surface.Weld County makes no guarantee as to the effectiveness of such Crack Seal service in achieving such goal. There is a one year warranty required of the Contractor to cover workmanship and materials, 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. Page 2 of 3 Pages 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. Signed by the parties e0296-day of -nice,/ek, 2004. ��/�� ATTEST: a � �1. EL k COUNTY OF WELD, a political subdivision Weld County Clerk to the • are � of the STATE OF COLORADO: F F 0=ire By: By: Deputy Clerk to the B 'ep y ` �.�: �-� � Robert D. Masden, Chairman MR 2 9 2004 J} l 1 Board of County Commissioners of the County of Weld ATTEST: CITY OF EATON, a municipal //�� corporation of the STATE OF COLORADO By: divas ;62 �( By: % /e iflOY/7 Chris Bagley, T� rk A Keith Mclntye, Mayor Or L K, wnvwa-�+L.-w ��VJJ11 cz,;dPPTED A.p"•.Owe i•••• OP • e�N :2 * *'. SE •, COLOASRP°° Page 3 of 3 Pages &DO S/-c^9ii EHIBIT MAP N i \JJOINT $' MAINTENACE L 2,400 FEET (1 ') CITY OF to'' EATON SHARE 2,500 FEET (24' kt WCR 76AV i P `PROJECT LOCATION 4" E. '. !` iii WCR 74 P FA1 N4 N CI OF 1 JOINT MAINTENAC EATON SNARE 450 FE (24') 2+200 FEET (i ') t 0 N w 1 Page 4 of 3 Pages re; \ • MEMORANDUM wimieTO: Clerk to the Board DATE: March 22, 2004 COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engineer SUBJECT: Chair's Signature Item Intergovernmental Agreement for Cooperative Crack Seal Program with the Town of Eaton. Two original duplicate Agreements are enclosed. Please send one original to Public Works as soon as it is signed. The appropriate documentation is attached. Enclosures pc: Dean Dreher M:AFrancieVAgenda-I doc C') Y I":J ) N.) ^a1 ~J tJ1 V 2004-0984 Hello