HomeMy WebLinkAbout20250913.tiffResolution
Approve Intergovernmental Agreement for Gravel Road Maintenance and Snow
Removal, and Authorize Chair to Sign — Town of Timnath
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
Gravel Road Maintenance and Snow Removal 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 Timnath, commencing upon full
execution of signatures, 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 Gravel Road Maintenance and Snow
Removal 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 Timnath, 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 Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 2nd day of April, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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2025-0913
EG0083
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BOARD OF COUNTY COMMISSIONERS
PASS -,AROUND REVIEW
PASS -AROUND TITLE: Intergovernmental Agreement for Gravel Road Maintenance Between the Town of
Timnath and Weld County.
DEPARTMENT: Public Works DATE: 3/24/25
PERSON REQUESTING: Duane R. Nalbausr
Brief description of the problemlissue:
Timuah is an incorporated town The Town of Timm does not have the equipment to maintain a 0,5 -mile
section of CR1 f within its jurisdiction. The Town of TImnath is requesting road maintenance including grading,
and snow removal for the Town thru an IGA with Wild County. The Town would reimburse the County for
maintenanos at rate of $76.27 per hour. This rate covers the County's costs for tabor and equipment. This rate
would be adjusted annually with the current hourly cost for equipment and labor with a written Request for
Continuance (MOU). This KM is set up on a year-to-year basis unless otherwise stated.
What options exist for the Board?
1) The bored may agree to accept the agreement as recommended to placed on the BOCC agenda.
2) The board may deny the agreement from being placed on the BOCC agenda.
Consequences: The traveling pubNc and emergency services that travel this section of road could be
negatively impacted from inclement weather conditions and from road depredation.
Impacts: Gravel Roads Management is able to perform this maintenance and snow removal without
impacting our operations.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
There would be no cost Weld County with the Town cowering all costs with the hourly rate applied for all
maintenance in the Town's Jurisdiction.
Recommendation:
PubNc Works recommends the approval of this Intergovemmental Agreement signed by the Town of Platteville
(Attached) for the serVloss of maintenance and snow removal for 0.75 mNes of County Road 36.
gluDcon Recommendation Wilda
Place on BOCC Aaenda Work Session
Perry L. Budc
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
Other/CommentL
2025-0913
q/Z EC -,0O3
INTERGOVERNMENTAL AGREEMENT BETWEEN WELD COUNTY AND TOWN OF
Timnath. COLORADO
GRAVEL ROAD MAINTENANCE AND SNOW REMOVAL
THIS AGREEMENT made and entered into this rclay of Pr% 0025, by and
between the Town of Timnath, Colorado, a municipal corporation of the State of
Colorado, whose address is 4750 Signal Tree Drive, Timnath Co 80547 hereinafter
referred to as "TOWN" and the County of Weld, State of Colorado, by and through the
Board of County Commissioners of the County of Weld, Colorado whose address is
P.O. Box 758, 1150 O Street, Greeley, Colorado 80632, hereinafter referred to as
"COUNTY".
VVITNESSETH:
WHEREAS, Agreements between Weld County and other govemmental entities
are authorized and provided for by the provisions of Section 29-1-203, C.R.S., and so
provided for by Section 2-3 of the Weld County Home Rule Charter, and
WHEREAS, COUNTY is responsible for maintaining the roadways within the
unincorporated portions of Weld County by and through its Public Works Department,
and
WHEREAS, TOWN is responsible for maintaining its streets and roadways within
its town boundaries, and
WHEREAS, TOWN has annexed a portion of WCR 15 (See Exhibit A) and
wishes the COUNTY to perform gravel road maintenance and snow removal services
on approximately .50 miles of WCR 15 within the TOWN's jurisdiction, which are
hereinafter referred to as "ANNEXED ROADS". COUNTY is agreeable to performing
said services pursuant to the terms and conditions hereinafter set forth.
NOW THEREFORE, IN CONSIDERATION of the mutual promises and
covenants contained herein, the parties agree as follows:
1. TERM: The initial term of this Agreement shall be in effect from its date of
signing and shall automatically renew annually for successive one-year
periods upon the expiration of the initial term and any renewal term, unless
earlier terminated as set forth in Section 4, below, or a written notice of non -
renewal is given by COUNTY to TOWN at least 90 calendar days prior to the
expiration of the term then in effect.
2. WELD COUNTY OBLIGATIONS: COUNTY agrees to perform roadway
grading services on an as needed basis and to remove snow from the
ANNEXED ROADS shown on Exhibit A.
3. TIMNATH OBLIGATIONS: TOWN also agrees to remain responsible for other
infrastructure needs (i.e. gravel resurfacing, road base, culvert replacements,
road sign placement and/or replacements, etc,) on the ANNEXED ROADS
shown on Exhibit A.
TOWN agrees to pay COUNTY for the services rendered under this
Agreement at the total cost of labor, equipment, and materials incurred to
perform said services. COUNTY shall bill TOWN on a yearly basis for those
services, which have been performed in said period. To assist the TOWN in
budgeting for this agreement, the COUNTY shall advise the TOWN of current
hourly cost for an operated motor grader by November 15'^ of each year. If
no information is provided by the date noted above, the TOWN may use the
rate provided in the previous year. The 2025 rate for an operated motor
grader is $76.27 per hour.
4. After consultation with the TOWN, the COUNTY shall apply gravel when the
material is necessary to properly maintain a road segment. The TOWN shall
fumish the gravel necessary for the maintenance operation on the schedule
provided by the COUNTY.
5. When a roadway segment appears to be approaching or exceeding an
Average Annual Daily Traffic (AADT) of 200 vehicles per day, the COUNTY
shall perform a traffic count. The TOWN will reimburse the COUNTY for labor
and equipment for the traffic count taken by the COUNTY.
6. TOWN will provide dust suppressant or dust control for roads that have an
AADT in excess of 200 vehicles per day based on two sets of 72 -hour counts
taken within 90 days of each other in lieu of grading. County will continue to
provide snow removal, and Town will continue to provide gravel and dust
suppressant as deemed necessary for said roads exceeding AADT of 200
vehicles per day.
7. TERMINATION: This agreement may be terminated by either party upon
providing to the other party written notice of such termination at least 90 days
prior to the projected date of termination.
8. NON -ASSIGNMENT: This Agreement shall not be assignable without prior
written consent of Weld County or Tirnnath, whichever is the non -assigning
party.
9. GOVERNMENTAL IMMUNITY AND INSURANCE: Both COUNTY and
TOWN acknowledge that each party is a governmental entity immune from
certain liability pursuant to the Colorado Govemmental Immunity Act §§ 24-
10-101 C.RS., et seq. No term or condition of this Agreement shall be construed
or interpreted as a waiver, express or implied of any of the immunities, rights,
benefits, protections, limitations, or other provisions of the Colorado
Governmental Immunity Act §§ 24-10- 101 C.R.S., et seq, as applicable not or
hereafter amended. Both COUNTY and TOWN shall name the other as an
additional insured for all standard coverages provided in each Party's property
insurance or general liability policy (ies) and covering liability of the insured
arising out of bodily injury andl or property damage in connection with the work
performed by either Party pursuant to the terns of this Agreement
(reserved]
10. MODIFICATION AND BREACH: This Agreement contains the entire agreement
and understanding between the parties to this Agreement and supersedes any
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 Agreement shall be deemed valid or of any force or effect whatsoever,
unless mutually agreed upon in writing by the undersigned parties. No breach of
any term, provision, or dause of this Agreement shall be deemed waived or
excused, unless such waiver or consent shat 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 expressed or implied, shall not
constitute a consent to, waiver of, or excuse for any other different or subsequent
breach.
11. ENTIRE AGREEMENT: This Agreement, together with the exhibits hereto
attached, constitutes the entireAgreement between the Parties with respect to
the subject matter herein, and shall be binding upon the Parties, their officers,
employees, agents, and assigns and shall inure to the benefit of the respective
survivors, heirs, personal representative, successors, and assigns of the Parries.
The parries hereby agree that neither has made or authorized any Agreement
with respect to the subject matter of this Agreement other than expressly set
forth herein, and no oral representation, promise, or consideration different
from the terms herein contained shall be binding on either party, or its agents
or employees, hereto.
This Agreement may be changed or supplemented only by a written instrument
signed by both parties.
12. SEVERABILITY: If any term or provision or this Agreement is held to be invalid,
illegal, or unenforceable, the remainder of this Agreement shall be construed
and enforced without such provision to the extent that this Agreement is then
capable of execution within the original intent of the Parties.
13. WARRANTY: COUNTY, by and through this Intergovernmental Agreement
and upon its promise to perform the road maintenance and snow removal
services described herein, makes no warranty, either express or implied, that
such services will meet any standards or requirements other than those
typically followed by COUNTY in performing such work upon County
roadways.
14. INTERRUPTIONS: Neither party to this Agreement shall be liable to the other
for delays in delivery or failure to deliver or otherwise to perform any obligation
under this Agreement, where such failure is due to any cause beyond its
reasonable control, Including, but not limited to Acts of God, fires, strikes,
war, flood, earthquakes, or Governmental actions.
15. GOVERNING LAW: This Agreement shall be governed by the laws of the
State of Colorado and venue for any dispute shall be in the District Court of
Weld County.
16. NOTICES: All notices required herein shall be personally delivered or mailed
via First Class Mail to the Parties' representatives at the addresses set forth
below:
TOWN OF TIMNATH
Earl Smith
Town Engineer and Facility Manager
4750 Signal Tree Drive
Timnath, CO 80547
970-224-3211
WELD COUNTY
Curtis Hall
Director of Public Works
PO Box 758,1111 H Street
Greeley, CO 80632
970-400-3721
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this Znd
Day of ARV_AL. ,2025.
ATTEST
By: sii4-1-.-1
Milissa Peters -Garcia, Town Clerk
TOWN OF Timnath, COLORADO
By:
Robert Axmacher, Mayor
ATTESTdj, f �'. Jdo;4, BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
By:
Deputy Clerk to the Board
uck, Chair
APR 0 2 2025
202_5-0113
Exhibit A
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TOWN OF TIMNATH, COLORADO
RESOLUTION NO. 22, SERIES 2025
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH
WELD COUNTY FOR GRAVEL ROAD MAINTENANCE AND SNOW REMOVAL
WHEREAS, the Town Council of the Town of Timnath ("Town") pursuant to C.R.S. § 31-15-
103, has the power to pass resolutions; and
WHEREAS, attached hereto is an Intergovernmental Agreement (the "IGA"); and
WHEREAS, the Town of Timnath ("Town"), the custodian of a portion of Weld County Road
15 shown on Exhibit A to the IGA (the "Map"), has agreed to enter into an IGA with Weld
County; and
WHEREAS, the IGA will be for the purposes of providing appropriate ongoing maintenance of
Weld County Road 15, which is necessary for the public good and in the best interest of the
community; and
WHEREAS, approving the IGA to allow Weld County to carry out the maintenance of Weld
County Road 15 while providing compensation to Weld County for said maintenance services is
in accordance with agreed terms; and
WHEREAS, the Town Council is familiar with the IGA and finds it to be in the best interest of
the Town, its residents, and the general public.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF TIMNATH, COLORADO AS FOLLOW:
Section 1. Approval
The Intergovernmental Agreement with Weld County for gravel road maintenance and snow
removal is hereby approved in substantially the form as attached hereto, subject to technical or
otherwise non -substantive modifications, as deemed necessary by the Town Manager in
consultation with the Public Works Director, Town Engineer, Legal Counsel, and other
applicable staff or consultants,
INTRODUCED, MOVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN
OF TIMNATH, ON MARCH 11, 2025.
TOWN OF TIMNATH, COLORADO
Robert Axmacher, Mayor
ATTEST:
12,mItiAz_odl...,_
Milissa Peters -Garcia, MMC
Town Clerk
Contract Form
Entity Information
Entity Name*
TOWN OF TIMNATH
Entity ID*
@00021910
Q New Entity?
Contract Name* Contract ID
INTER GOVERNMENTAL AGREEMENT FOR CR 15 9268
SOUTH OF HWY 14
Contract Status
CTB REVIEW
Contract Lead*
DNAIBAUER
Contract Lead Email
dnaibauer@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
INTER GOVERNMENTAL AGREEMENT FOR GRAVEL ROAD MAINTENANCE AND SNOW REMOVAL ON CR 15 SOUTH
OF HWY 14 FOR 0.5 MILES.
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable*
YES
Automatic Renewal
Grant
IGA
Department Requested BOCC Agenda Due Date
PUBLIC WORKS Date* 03/29/2025
04/02/2025
Department Email
CM-
PublicWorks@weld.gov
Department Head Email
CM-PublicWorks-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM -
CO U NTYATTO R N EY@W E L
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Review Date*
10/01/2025
Renewal Date*
01 /01 /2026
Committed Delivery Date Expiration Date
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
.CURTIS HALL
DH Approved Date
03/28/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
04/02/2025
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
03/31/2025 03/31/2025
Tyler Ref # ,
AG 040225
Originator
DNAIBAUER
Hello