HomeMy WebLinkAbout20190022.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR CONTRIBUTION FOR
ROADWAY IMPROVEMENTS FOR COUNTY ROAD 90 BETWEEN COUNTY ROAD 29
AND U.S. HIGHWAY 85 AND AUTHORIZE CHAIR TO SIGN - TOWN OF PIERCE
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
Contribution for Roadway Improvements for County Road 90 between County Road 29 and U.S.
Highway 85, 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
Pierce, commencing upon full execution of signatures, 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 Contribution for Roadway
Improvements for County Road 90 between County Road 29 and U.S. Highway 85, 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 Pierce, 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 2nd day of January, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO • DO
ATTEST: dic.44)
Weld County Clerk to thee Board
BY:
Deputy I. erk to the Boar
AP".'EDAS
County • ttorney
Date of signature: /29/I9
ara Kirkmeyer, C air
Mike Freeman, Pro -Tern
n P. Conway
K. James
Steve Moreno
CG: RaviticO,t 0te4,0
21�q I►s
2019-0022
EG0076
INTERGOVERNMENTAL AGREEMENT
FOR CONTRIBUTION FOR ROADWAY IMPROVEMENTS FOR
WELD COUNTY ROAD ("WCR") 90, BETWEEN WCR 29 AND
U.S. HIGHWAY 85
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this 10th day
of December, 2018, by and between the Town of Pierce, Colorado, a municipal corporation of
the State of Colorado, whose address is 144 Main St., P.O. Box 57, Pierce, Colorado 80650,
hereinafter referred to as "PIERCE" 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 "WELD COUNTY."
WITNESSETH:
WHEREAS, at present, WELD COUNTY has operational and maintenance jurisdiction of
WCR 90, from WCR 29 heading east to U.S. Highway 85, hereinafter referred to as "WCR 90
IMPROVEMENTS," which PIERCE intends to annex, and
WHEREAS, PIERCE wishes to make certain road improvements to WCR 90
IMPROVEMENTS as described and detailed herein, hereinafter referred to as the "PROJECT," and
WHEREAS, WELD COUNTY had planned and budgeted to do an asphalt overlay on WCR
90 IMPROVEMENTS at a cost of $351,261.39, and
WHEREAS, PIERCE desires to request contribution from WELD COUNTY to pay said
budgeted funds to PIERCE to offset a portion of the costs of the PROJECT, and
WHEREAS, WELD COUNTY agrees to said payment, because of the benefit of such
PROJECT to transportation in the area, and
WHEREAS, both parties to this Agreement are authorized to enter into said Agreement by
C.R.S. Sec. 29-1-203 and the Colorado Constitution Article XIV, Sec. 18(2), for the purpose of
achieving greater efficiencies for the provision of services to the public.
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
such time as the PROJECT described herein shall be completed.
2. DESCRIPTION OF IMPROVEMENTS: Generally, the PROJECT'S improvements shall
consist of improved road base and new asphalt pavement.
3. CONTRIBUTION BY WELD COUNTY: WELD COUNTY agrees to pay to PIERCE the
sum of $351,261.39 as a contribution to PROJECT.
Page 1 of 3
2019-0022 (1)
4. ANNEXATION OF WCR 90 BY PIERCE: PIERCE agrees to complete the annexation of
WCR 90, from WCR 29 east to U.S. Highway 85 prior to completion of the PROJECT.
5. ENTIRE AGREEMENT: This writing, together with the exhibits attached hereto, constitutes
the entire 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
ands assigns of said parties.
6. NO THIRD -PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and
agreed that the enforcement of the terms and conditions of this Agreement, and all rights of
action relating to such enforcement, shall be strictly reserved to the undersigned parties and
nothing in this Agreement shall give or allow any claim or right of action whatsoever by any
other person not included in the Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be incidental beneficiary only.
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 then capable of execution within the original intent of the parties hereto.
8. MODIFICATION AND BREACH: This Intergovernmental Agreement contains the entire
Intergovernmental Agreement and understanding between the parties to this
Intergovernmental Agreement and supersedes any other Intergovernmental Agreements
concerning the subject matter of this transaction, whether oral or written. No modification,
amendment, notation, renewal, or other alteration of or to this Intergovernmental 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 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 not constitute a consent to, waiver of, or excuse for any other different or
subsequent breach.
9. NOTICES: All notices required herein shall be mailed via First Class Mail to the parties'
representatives at the addresses set forth below:
PIERCE:
Nansi Crom, Mayor
P.O. Box 57, 144 Main St.
Pierce, CO 80650
Phone: 720-897-2385
WELD COUNTY:
Jay McDonald, Director, Public Works
P.O. Box 758, 1111 "O" Street
Greeley, CO 80632
Phone: 970-304-6496
Page 2 of 3
10. NO WAIVER OF GOVERNMENTAL IMMUNITY: 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 or other provisions, of the Colorado Governmental
Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate of
the day and year first hereinabove written.
ATTEST: "gCE"' TOWN OF PIERCE, COLORADO
By:
Pat Larson, Tows. erk•
ddlitoti
�p0••�ATTEST:nu
WELD COUNTY Clerk to the Board
By:
(Deputy) C irk to the Bo� "
•
By: /
Nansi Crom, Mayor
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
arbara Kirkmejer, Chai
JAN 0 2 2019
ooh/ 9- aoa-6
Page 3 of 3
RE: INTERGOVERNMENTAL AGREEMENT FOR CONTRIBUTION FOR CR 90
IMPROVEMENTS BETWEEN CR 29 AND U.S. HIGHWAY 85
APPROVED AS TO SUBSTANCE:
Eldcted Official or Department Head
APPROVED AS O JJNDING:
13
L
Controller
APPROVED AS TO FORM:
County Attorney
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