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Home My WebLink About20041764.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE HOT IN PLACE RECYCLING PROGRAM AND AUTHORIZE CHAIR TO SIGN - TOWN OF KERSEY 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 Cooperative Hot In-Place Recycling 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 Kersey, 332 3rd Street, P. O. Box 657, Kersey, Colorado 80644, 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 Cooperative Hot In-Place Recycling 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 Kersey 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 28th day of June, A.D., 2004, nunc pro tunc January 1, 2004. ��'�`, BOARD OF COUNTY, COMMISSIONERS WE D COUNTY, COLOADO 1861 �V'::.- ,�� 1 is' /� ' / ��`7/ I j Robert D. Masden, Chair o/ty Clerk to the Board © u William H erke, Pro-Tem BY: /Liet-11S?/reattl�i��t Deputy Clerk to the Board M. eile PR ED AS • Davi Long oC�At rney , Glenn Vaa Date of signature: 0.�E 2004-1764 EG0050 40 "2606,?& 5� cc/ Ki4 t MEMORANDUM CTO: Board of County Commissioners DATE: June 23, 2004 • COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engineer SUBJECT: Agenda Item Intergovernmental Agreement for Cooperative Hot in Place Recycling Program with the Town of Kersey. CTB: Three duplicate originals are enclosed. Immediately upon the Board's approval and the Chair's signature, please send two signed original agreements to Public Works. Enclosures pc: Dean Dreher, Engineering M:Ai-FrancieVAGENDA-5 doe 2004-1764 MEMORANDUM ' TO: Frank B. Hempen DATE: June 23, 2004 C Director of Public Works/County Engineer FROM: Dean Dreher, Civil Tech III COLORADO THRU: Keith Meyer, PE Engineering Division Manager SUBJECT: Hot In Place Recycling Contract Participation The Weld County Public Works Department has scheduled a Hot In Place Recycling (HIR) maintenance operation for WCR 53 south of the Kersey city limits. There are two small sections of road that remain in the county's jurisdiction and are nestled inside the town's boundaries. One section is joint maintenance, or half town and half county, and the other is a full width section at the bridge. The Public Works Department requested Town of Kersey to consider participating in the project to promote a contiguous section. Kersey agreed that participation would be beneficial to the town as well as the traveling public. Kersey is also asking that the contractor extend the project north and include Main Street in Kersey to the State Highway Frontage Road. This addition will not change the bid unit cost for the job or delay the previously scheduled work. The estimated cost for the Town of Kersey will be$75,600,which will be reimbursed to the county after the work is completed. The estimated cost given to the Town of Kersey includes all phases of work including contracted cost, labor, equipment, material, and administrative costs. No cost will be incurred by Weld County. Due to the size and location of the County maintained portions located adjacent to or within the Kersey city limits,the HIR process would not be feasible without including the Town's sections. Therefore,these sections would have deferred maintenance and eventually would cost the County four to five times as much in the future. I recommend that Weld County allow the Town of Kersey to participate in this HIR Agreement. pc: Marcia Walters, Purchasing Mona Weidenkeller, Public Works 2003 Pavement Testing file M:AMaintenance Contracts\HIR\2004\Kersey IGA rec 04DD.doc INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE HIR PROGRAM THIS INTERGOVERNMENTAL AGREEMENT is made and entered into effective as of the day of 35..-—' 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 TOWN OF KERSEY,a municipal corporation of the STATE OF COLORADO, with its principal office located at 332 3RD Street, P. O. Box 657, Kersey, CO 80644, hereinafter referred to as "Municipality." WITNESSETH: WHEREAS, Weld County has advertised for contracted services to apply Hot In-place Recycling, hereinafter referred to as (HIR) to Weld County Road 53, during the year 2004, and WHEREAS, said HIR services scheduled for Weld County Road 53, are adjacent to the jurisdictional limits of Municipality and are to be performed by Cutler Repaving ("Contractor"), pursuant to Bid Request No. B0400059, and WHEREAS, for an additional price to be paid to Contractor by Municipality through Weld County, Contractor will perform similar HIR 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 HOT IN-PLACE RECYCLING 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 HIR services the half mile section of Weld County Road 53, located between the Hwy 34 Frontage and the Section line at what would be WCR 54, which has been annexed by Municipality and is shown on the attached Exhibit Map, Weld County shall direct Company to perform the HIR services on said stretch of WCR 53 within Municipality's boundaries during the year 2004. Preparatory work such as patching, taper milling at curbs and gutter pans, and final striping are the responsibility of the Municipality and are not included as part of the work to be performed. The scope of work includes heating and scarifying 1 to 1.5 inches of existing asphalt, mixing in rejuvenating agent, relaying the recycled mix, and placing an additional one and one half inches of new asphalt, all in one operation. Page 1 of 3 Pages oKxi-,76 9 2. PAYMENT OF FINAL COSTS:Municipality agrees to pay the final costs for approximately 22,248 square yards of HIR work and a proportionate share of traffic control,estimated to be $75,600, to Weld County by September 30, 2004, to pay for all of the HIR services to be performed by Contractor on said stretch of WCR 53 within Municipality=s boundaries during the year 2004. 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 HIR 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 has arranged in the contract to include Municipality as an additional named insured on Company=s general liability policy. 6. GUARANTEE BY CONTRACTOR: Municipality acknowledges that the goal of the HIR services to be performed within Municipality=s boundaries by Contractor 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 HIR 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. 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 • Signed by the parties th� day of , 2004. • 414#1!/7 COUNTY OF WELD, a political subdivision ty Clerk to the Board of the STATE OF COLORADO: 1861 t /fS�t��ll 1� s r .z By: h C , ®U ty Clerk to the Board Robert D. Masden, Chairman JUN2 8 2004 Board of County Commissioners of the County of Weld ATTEST: TOWN OF KERSEY, a municipal corporation of the STATE OF COLORADO BY:*; - . fi J BY: Linnette Barker, Town Clerk J rold Brethauer, Mayor � cP SEAL, *: ..,• M:\word\maint contracts\igakerseyfi4.doc Page 3 of 3 Pages • . /6/-/2t EXHIBIT MAP Page 4 of 3 Pages EXHIBIT MAP r . �y gqy { r �}a$[�` li ft "la 1 J y ,y a a a'{ t S ,"I` io- 71,413-‘4, ll�' > s a 7,� t; T N { " ei t 4 'di4 �r t a 9] �'� IC.s:"il tl�` a t • x9 4 R.'bd�' ^✓ x ,,,, 't ra,.,i,4,, 2 ° et : ri,F'a o + l a i'll l i { ' 44 t4 rE� n 8 r t " " 1 9 ^, t Y i 4 , . ! 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