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Home My WebLink About970947.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING ROAD MAINTENANCE BETWEEN BOULDER COUNTY AND WELD COUNTY AND AUTHORIZE CHAIR 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 Agreement Concerning Road Maintenance between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Public Works Department, and the County of Boulder, Colorado, with 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 Agreement Concerning Road Maintenance between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Public Works Department, and the County of Boulder, Colorado, 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 14th day of May, A.D., 1997. BOARD OF COUNTY COMMISSIONERS oposor� ma? WELD OUNTY, COLQRAD� 4 I ,11,t� •- ECG #v' .� eorge . Baxter, Chair ,881 `� .: - II ty Clerk to the Board EXCUSED %(' " ` 4// tance L. Harb rt, P o-Tem ma's... .'ceputy Cler'to the Board Dale K. Hall l.ittornn D AS TO F RM: c� Q_ 11 / c�,e�t Barbara J. Kirkmeyer�% O 110 lj Q p W. H. Webst 'r �(/f l�yc�au t a7cn� 1,/ 970947 Ce ' Pal o9' EG0036 585 AGREEMENT CONCERNING ROAD MAINTENANCE BETWEEN BOULDER COUNTY AND WELD COUNTY THIS AGREEMENT was entered into on this /S//h day of ffietff/ i497j by and between the County of Boulder, Colorado, and the County of Weld, Colorado. WHEREAS, because of the present location of the Boulder/Weld County line, road maintenance is difficult and expensive; and WHEREAS, the existing division of maintenance responsibilities for certain roads and streets is mutually undesirable; and WHEREAS, Boulder County and Weld County are authorized to contract with each other for road maintenance pursuant to § 43-2-1449 C.R.S., 1973, and now desire to enter into this agreement for the purpose of dividing maintenance responsibilities for the road that lies along the Boulder/Weld County line. NOW, THEREFORE, BE IT RESOLVED: 1. Boulder County and Weld County shall respectively maintain those streets and roads as shown on the attached maps, which are attached as Exhibit "A" and incorporated into this Agreement. 2. Pursuant to tliis Agreement, Boulder and Weld County respectively shall perform the following activities on the roads identified on Exhibit "A": a. ROUTINE MAINTENANCE: Roadway - Consists of snow and ice removal and sanding, sweeping, pothole patching, crack filling, cleaning of roadside drainage, grading, and cleaning of culverts or storm sewers. 2549585 6-1607 P-773 05/23/1997 10:53A PG 1 OF 6 REC DOC Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00 Structures - Consists of any bridge, guardrail, box culvert, major storm sewer, culvert, or irrigation system which may require any of the routine maintenance as described in roadway above unless specifically excluded in the Maintenance Agreement or Exhibit "A". b. MAJOR MAINTENANCE: Roadway- Consists of any reconstruction, removal or replacing of the roadbed. The type of work shall include pavement overlays, chip seals, replacement of the road surface, reconstruction of the road base, or adding gravel. Structures - Consists of any bridge, guardrail, box culvert, culvert, and major drainage, storm sewer, or irrigation system which may require replacement, wholly or in part unless specifically excluded in the Agreement or Exhibit "A". c. TRAFFIC CONTROL DEVICES: Routine Maintenance - Consists of all warning, regulatory, directional, delineators, and pavement markings. The type of work shall include repair or replacement of any existing devices through damage, loss or wear to provide adequate protection of the traveling public unless specifically excluded in the Agreement or Exhibit "A". The agency having jurisdiction establishing the need for a change in traffic control devices shall notify the other party of this agreement prior to issuance of any work order and will submit a copy of this work order following implementation. All such changes shall be at the cost of the agency having jurisdiction. d. JURISDICTION: For the purpose of this agreement, jurisdiction shall be defined as to the agency having the authority to control and regulate the use of the road through right-of-way ownership. Access and Utility Permits - Any person, firm, corporation or governmental agency must obtain an access permit, utility permit or construction permit from the agency having jurisdiction authority before commencing work on any road or street subject to this Agreement. The agency having jurisdiction authority shall notify the other party of this agreement prior to issuance of any permits and will submit a copy of the permits issued thereafter. 2549585 B-1607 P-773 05/23/1997 10:53A PG 2 OF 6 3. New construction, or extraordinary maintenance due to flood damage or disaster are specifically excluded from this agreement and are to be negotiated separately. 4. Regarding those portions of streets and roads which shall be maintained by Weld County, as set forth in Paragraph 1 of this Agreement and shown on the attached Exhibit "A", Weld County shall indemnify and save harmless Boulder County from and against any and all claims, suits, actions, damages and causes of action, which are not barred by the Colorado Governmental Immunity Act, Section 24-10-101, et seq. C.R.S., arising during the term of this Agreement for personal injury, loss of life, or damage to property as a result of Weld County's maintenance of the roads under this Agreement, and from and against all costs, attorneys' fees, expenses and liabilities incurred in and about any such claims, the investigation thereof or the defense of any action or proceeding brought thereon, and from any judgments, orders, decrees or liens resultant therefrom. It is further agreed that in the event a claim is not barred by the Colorado Governmental Immunity Act, such liability for indemnification shall not exceed those amounts set forth in the Colorado Governmental Immunity Act, now existing, or as may hereafter be amended, nor confer any benefits to any person not a party to the agreement. Regarding those portions of streets and roads which shall be maintained by Boulder County, as set forth in Paragraph 1 of this Agreement and shown on the attached Exhibit "A", Boulder County shall indemnify and save harmless Weld County from and against any and all claims, suits, actions, damages and causes of action, which are not barred by the Colorado Governmental Immunity Act, Section 24-1 0-1 01, et seq. C.R.S., arising during the term of this Agreement for personal injury, loss of life, or damage to property, as a result of Boulder County's maintenance of the roads under this Agreement, and from and 2549585 B-1607 P-773 05/23/1997 10:53A PG 3 OF 6 against all costs, attorneys' fees, expenses and liabilities incurred in and about any such claims, the investigation thereof or the defense of any action or proceeding brought thereon, and from any judgments, orders, decrees or liens resultant therefrom. It is further agreed that in the event a claim is not barred by the Colorado Governmental Immunity Act, such liability for indemnification shall not exceed those amounts set forth in the Colorado Governmental Immunity Act, now existing, or as may hereafter be amended, nor confer any benefits to any person not a party to the agreement. The parties to this Agreement expressly state that this Agreement is not, and shall not be construed to be, a waiver of the governmental immunity set forth in the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S. 5. Each party may, at its sole discretion, obtain and maintain such liability insurance that the party deems necessary and desirable, to the extent allowed by the Colorado Governmental Immunity Act, Section 24-1 0-1 01 et seq. 6. The terms of this agreement shall be of an indefinite time period, however, at the end of one year from the date of this agreement, either party may terminate upon thirty (30) days written notice. 7. Exhibit "A" shall be a part of this agreement and shall be reviewed annually by both parties. Exhibit "A" may be revised at any time if mutually agreed on by both parties. 8. Weld and Boulder County further agree that work completed under section 2, Major Maintenance, shall be completed on a cooperative basis with each county funding 50% of the cost. The county providing maintenance, as identified in Exhibit "A", shall be responsible for acting as project engineers and managers for any Major Maintenance 2549585 B-1607 P-773 05/23/1997 10:53A PG 4 OF 6 projects within their recognized maintenance limits. IN WITNESS THEREOF, the parties hereto have set their hands and seals this 99" day of , 1997. SEAL OF BOULDER COUNTY, COLORADO Ess"-....) J Y4 I111y/ 9eS� FF$.axp BY:e r-, 0 4 , q- Ronald K. Stewart r O�C3 Chair, Board of County Commissioners h'COUNT ° TITLE: ATTEST: I/ Deputy 4-29-97 Susan M. Ashcraft WELD COUNTY, COLORADO E La ��um • EORG'ovi 11/4 t 'E. BAXTER 05/14/97 il %C, ,Wf 4 Minn I CHAIR, WELD COUNTY BOARD ®� \ "TILE: OF COMMISSIONERS ATTEST: Lil�al BY: (1 (/��z 'i WELD COUNTY CLERK TO BOARD DEPUTY CJ'RK TO BOARD 2549585 B-1607 P-773 05/23/1997 10:53A PG 5 OF 6 Fi IOW I t 110\TY I'1(OW -, ' I 12 2 11 2 10 2 9 2 i p / p. I, 1 h 1 . 1 __ TO GARTER LAKE IiI AIORDSEERs1110,9111, 0 .„.„,,,,,,,c,.. ,,..,,,r.,co — — 1 r- -707 1 -'4-',../ 1 H€1 ' ,,,,„,„ ) II s. -s:'"J. ' * 1 I is,,,,-- ss,SIM 17tIrsils/Zr011 ' w-'TV- „- - ssss''s - , , s . , -s„,,s-., 5,,,,..,,9,,, , ,,..;, t,, .vmoty,p_2 ;szlo.y ni, ,-1 1 ': :i*: NA/OMANI ,I• 0)/.10 . ,.. .,... ',I 4 ,,, ..,1 oN$ p ':•.' : , „, 1r P.. e , 11,o 1 ,T , II v. . 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I- i -----s.s.-- VII schke 'I.II1II"Y 'Ti e Boulder County/Weld County . , PIERS Road Maintenance Agreement . __---:} ?II, „ '2"::.1t PIKE RD r„ Ex 'bi 'A' age 1 of 1 I KATE*,,T.,, 11-IPROSRECT RD * FLqrAtirtrP, , V ,,,,.:J *, ,'',,,'," Date:',- it//q7 rew Scheltinga,_ eld County 2 f '',=,,,i'„.".7.,„' NEBom, .o Approved:Cm gad Date 4444.4.4.4._ : t3a/9_1 I #r-,RD- -l„,,I.,,.,-._.,.';!=.•.:: T r•-i_MITE i' -,s Dan Hershman, Boulder County ,..,11\LJ,=_'.;:t; e ':',:,,":V ' 1 - , ,,:,:. ir-NEvA..g . Roads Maintained by Boulder County I MINIMIE11111111111111111111.1•11111 ,.:2,k1,817,0 1 1, - ; • :;•, .:.,C. . -- Roads Maintained by Weld County t 1 * • -rl'''' - • I IIIIIIIIIIIIIIIIIIIIIIIIIIII1111111111111111111111111 ("_, c-,"I ' V - 1 ,)1\1 ,,,„ • 1 II\I ,e-141`.ci.,„„ , -t.1:7,,,,'3, --c' • • d S1KT', ' ""--- .- ,;•-, , 'r 1 .r.t l' l L eisgi",1.ss;;,:'•-• ' -s--- ,,,,,, - 1 1 '..,,,) ..,. / - 2 •;., ' .. r / •Yle/I/P. I- LOOKOUT RD iIIII,.II. I. I-I.4.1.1..1 1.,,,,..1r CII-I,- -"'A. 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"" 2549585 B-1607 P-773 05/23/1997 10:53A PG 6 OF 6 Transportation Department Boulder Road Maintenance Division County 1288 Alaska Avenue • Longmont,Colorado 80501 • (303)441-3962 • FAX(303)530-7577 To: Date: Weld County Colorado May 1, 1997 915 Tenth Street Greeley, Colorado 80632 Attention: Eric Lord and Drew Scheltinga Sec. T. R. Project No. Maintenance Agreement Project Description/Location Project Name: Enclosed please find: Copies Dated Of 2 4/28/97 Maintenance Agreement These are transmitted ❑ For approval 0 For your use 0 As requested ❑ Accepted ❑ For corrections 0 Checked as noted 0 For resubmittal 0 For review ❑ Other ❑ Mail 0 Messenger 0 Pick up 0 Bus 0 Other Remarks Please have your BOCC sign both copies of the agreement and return nne original to me. Please note Drew Scheltinga must sign Exhibit "A" on both copies. One original is for your files. If you have any questions please give me a call. Signed Copies to: Dan Hershman, Division Manager Letter of Transmittal 970947 Hello