HomeMy WebLinkAbout941313.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR SALE AND PURCHASE OF
GRAVEL AND CRUSHED ROCK WITH TOWN OF NEW RAYMER AND AUTHORIZE
CHAIRMAN TO SIGN
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 Sale
and Purchase of Gravel and Crushed Rock between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Public Works
Department, and the Town of New Raymer, commencing December 28, 1994, and ending
December 31, 1995, 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 Sale and Purchase of Gravel and
Crushed Rock between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Public Works Department, and the Town of New
Raymer be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 December, A.D., 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST/0Qy gin WELD COUNTY, COLORADO
Weld County Clerk to the Board 29 j2 !
Webster, Ch irma
BY:
Depu y Clerk to the Board Dale K. Hall, Pro-Ter}
APP AS TO FORM a 1 I(
Georsek. Baxter
•
Cou Attorney `ch e_, '1"{ -l'-
Constance L. Harbert
Barbara J. Kirkmeyer
PLO (J9 ' /VetD� /Pier 941313
03
'
CC. � � , EG03
INTERGOVERNMENTAL AGREEMENT FOR SALE AND PURCHASE
OF GRAVEL AND CRUSHED ROCK
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this 28th day
of December, 1994 by and between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of the County of Weld, whose address is 915 Tenth Street,
Greeley, Colorado 80631, hereinafter referred to as "County," and the Town of New Raymer,
Colorado, by and through its Town Council, whose address is 227 Baird, P.O. Box 146, New
Raymer, Colorado 80742, hereinafter referred to as "New Raymer."
WITNESSETH:
WHEREAS, County is the Lessee/Operator of a gravel pit known as the "Walker/Wilson
Pit" which is located in close proximity to New Raymer, and
WHEREAS, to date, County has been removing gravel and crushed rock from said pit on
a continuous basis through its Weld County Public Works Department, and
WHEREAS, County plans to close the Walker/Wilson Pit in 1995 or 1996; however,
there currently remains approximately 5,000 to 10,000 tons of gravel and crushed rock at the site,
and
WHEREAS,New Raymer is in need of gravel and crushed rock for use on streets and
roadways within its jurisdictional boundaries, and
WHEREAS,New Raymer desires to purchase gravel and crushed rock from County from
the Walker/Wilson Pit to satisfy its needs during the year 1995, and
WHEREAS, County hereby agrees to said purchase in accordance with the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM: The term of this Agreement shall be from the date first written above to
and until December 31, 1995, or until such time as the stockpiled gravel and
crushed rock located at the Walker/Wilson Pit is completely removed from the
site.
2. COUNTY AGREES:
a. To sell gravel and crushed rock to New Raymer and to deliver such gravel
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941313
and crushed rock on the streets and roadways within the jurisdictional
boundaries of New Raymer at such locations and at the times as directed
by New Raymer. Such gravel and crushed rock shall be delivered from
County's Walker/Wilson Pit and the deliveries shall be performed by
employees of County using equipment owned and maintained by County.
In no event shall County be required to spread the gravel and crushed rock
upon delivery.
b. To bill New Raymer for all gravel and crushed rock delivered. The price
of the material shall be actual cost(approximately $3.08 per ton) plus
overhead (cost of employees, equipment, administration, etc.) not to
exceed $150.00 per truckload. Each truck is estimated to haul
approximately 25 tons of gravel and crushed rock.
3. NEW RAYMER AGREES:
a. To pay each bill received from County within 30 days of receipt.
b. To contact County, by and through its Department of Public Works,
whenever New Raymer desires to request delivery of gravel and crushed
rock by County. New Raymer shall specifically state the desired location
where the gravel and crushed rock is to be delivered. The parties shall
then agree upon a date for such delivery, which shall in no event be later
than 5 days after the date of the request. New Raymer agrees and
acknowledges that any request for placement of gravel and crushed rock
made by it shall, in accordance with the County's list of priorities of
material delivery, be secondary to any County projects requiring delivery
of the same material.
c. To spread any gravel and crushed rock so delivered by County over the
streets and/or roadways of New Raymer immediately upon its delivery.
All spreading of such material shall be performed by New Raymer using
its equipment and personnel.
4. NO WARRANTY: County, by and through this Intergovernmental Agreement
and upon its promise to perform the work described herein, makes no warranty,
either express or implied, that the gravel and crushed rock to be delivered will
meet any standards or requirements other than those typically followed by County
in producing the gravel and crushed rock which County places upon County
roadways.
5. RELATIONSHIP OF PARTIES: The parties to this Intergovernmental
Agreement intend that the relationship between them as contemplated herein is
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941313
that of independent entities working in mutual cooperation. No employee, agent,
or servant of one party shall be or shall be deemed to be an employee, agent, or
servant of the other party. Each party agrees to supply all necessary liability and
Workmen's Compensation Insurance, as required by Colorado statute, for its
employees as they perform the tasks and duties as set forth in this
Intergovernmental Agreement.
6. MODIFICATION AND BREACH: This Intergovernmental Agreement contains
the entire agreement and understanding between the parties herein and supersedes
all other agreements concerning the subject matter of this transaction, whether
oral or written. No modification, amendment, novation, renewal, or other
alteration of or to this Intergovernmental Agreement shall be deemed valid or of
force or effect whatsoever, unless mutually agreed upon in writing by the
undersigned parties. No breach of any term, provision, or clause of this
Intergovernmental Agreement shall be deemed waived or excused, unless such
waiver or consent shall be in writing and signed by the party claimed to have
waived or consented. Any consent by any party hereto, or waiver of a breach by
any other party, whether express or implied, shall constitute a consent to, waiver
of, or excuse for any other different or subsequent breach.
7. SEVERABILITY: If any term or condition of this Intergovernmental Agreement
shall be held to be invalid, illegal, or unenforceable, this Intergovernmental
Agreement shall be construed and enforced without such provision, to the extent
that this Intergovernmental Agreement is capable of execution within the original
intent of the parties hereto.
8. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly
understood and agreed that 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 contained 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 intent of the undersigned parties that any entity other
than the undersigned parties receiving services or benefits under this
Intergovernmental Agreement shall be deemed an incidental beneficiary only.
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941313
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 28th day
of December, 1994.
ATTEST: 47144 U ��/G%47 COUNTY OF WELD, STATE OF COLORADO,
vv BY AND THROUGH THE BOARD OF COUNTY
CLERK TO THE BOARD OF COMMISSIONERS OF THE COUNTY OF
COUNTY COMMISSIONERS WELD
BY:72it, i /LA BY: j( IV (L/i./ei!/'v
Deputy Clerk to the Board William H. Webster, Chairman /fy/9S)
TOWN OF NEW RAYMER, COLORADO, BY
AND THROUGH ITS TOWN COUNCIL
r
BY: to/kJ( 4v
David Long, Mayor
newraymer.gjb
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941313
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941313
mEmoRAnDum
Commissioner kmey November 14, 1994
To Date
•
COLORADO George Cicoff
From
Subject: New Raymer
The Town of New Raymer has asked to purchase gravel from the County's stockpile situated along
the Walker property. As a follow-up, the Weld County Public Works Department offers the
following information requested by the Board of County Commissioners.
The Department anticipates closure of the Walker/Wilson Pit in New Raymer in 1995. The materials
to service roads in future years will have to be trucked from one of the following locations. The
approximate travel distance from the New Raymer Pit to the other gravel pits are indicated below.
Name of Pit Town of Location Miles
Thomas Pit Keota 23
Anderson/Marick Grover 34
Ehmke Grover, 27
i
The remaining stockpile contain 25,0000 30,000 tons of material. This equates to approximately
a one year supply to service grave roads in the New Raymer area. The cost to the Town for using
commercial pits is $14.00 per ton for 3/4 inch crushed rock at 25 ton per load; each load would cost
$350. This price is based on securing materials from Morgan Sand& Gravel Company located on
Hwy 52 north of Ft. Morgan. Based on the initial information supplied by David Long, the Mayor
of New Raymer, the town's budget is approximately $3,500.
The Public Works Department recommends approval of the request under the following conditions:
1. The arrangements for a mutually agreed time will be made so that all material required by
the town would be delivered in a minimum time frame.
2. All material would come from the stockpile at the County's Walker/Wilson Pit in New
Raymer.
3. The price of the material will be billed at actual cost including overhead not to exceed $150
per truck load. Each truck is estimated to haul approximately 25 tons of crushed rock.
4. The County will utilize its equipment to deliver the stone to the designated streets of New
Raymer. The Town will be responsible for spreading and regrading of the roadways.
Attached is a gravel pit location map for reference.
GC/fc:raymer.mem
911313
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