HomeMy WebLinkAbout20180553.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR GRAVEL ROAD
MAINTENANCE AND SNOW REMOVAL AND AUTHORIZE CHAIR TO SIGN - TOWN
OF KEENESBURG
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 Keenesburg, commencing January 1, 2018, and ending
December 31, 2018, 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
Keenesburg, 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 21st day of February, A.D., 2018, nunc pro tunc January 1, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD C UNTY, COLORADO
ATTEST: ditAtio ;ti
SteMe Moreno, Chair
Weld County Clerk to the Board
Deputy Clerk to th
ounty torney
Date of signature: 3-13.18
Mike Freeman
Cc. "Pw(C7-lpmL.)
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2018-0553
EG0075
aontr€ct =lD 4# ( CD S
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Intergovernmental Agreement For Gravel Road Maintenance Between The
Town of Keenesburg and Weld County.
DEPARTMENT: Public Works
DATE: 1-30-2018
PERSON REQUESTING: Mike Livengood, Supervisor, Gravel Road Management
Brief description of the problem/issue:
The town of Keenesburg is an incorporated town; however, the town does not have the equipment or iI l maintain
and remove snow on the gravel roads within its jurisdiction. The town wishes to have Weld County provt e maintenance
of the gravel roads that they have annexed. The town agrees to pay the county for the total cost of labor, equipment, and
materials to perform maintenance and snow removal services at an hourly rate that will be determined by the county.
This IGA is for surface gravel road maintenance only and does not include gravel, or any drainage issues on the subject
roads. The county proposes maintaining the roads in question every week and a half to fit into the counties regular
schedule with the other roads in the area. Both parties have an option to renew maintenance on an annual basis.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1) The Board may agree to accept the agreement as recommended.
2) The Board may decide to change the agreement.
Recommendation:
Public Works recommends the approval of the Intergovernmental Agreement signed by the Town of
Keenesburg (Attached) for the services of maintenance and snow removal of the gravel county roads in the
town's jurisdiction for the hourly rate advised by the county on a yearly basis.
Approve Schedule
Recommendation Work Session
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro-Tem
Steve Moreno, Chair
pc: Jay McDonald, Director, Public Works
Curtis Hall, Deputy Director, Public Works
Attachment: Keenesburg signed IGA
Other/Comments:
2018-0553
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INTVIO;OvI;RNIVI ENTA ARELLUN I
'I QWILOIL1KLLt(L U.U.RG. (t)1,4J(A.lQ
GIt1WH, UOAP_MMMNTLNANCE AN ►��W 1J MOVAL
THIS AGREEMENT made and entered into this 7Z/ ` of .2018, by and between the Town
of Keenesburg, Colorado, a municipal corporation of the State of Colorado, whose address Is 140 South Main
Street, P.C. Box 312, Keenesburg, CO 60643 hereinafter referred toas"TOWN"and theCountyof Weld, State
of Colorado, byandthroughtheBoard ofCountyCommissionersof the County ofWeld, Coloradowhose
address Is P.O. Box758, 11500 Street, Greeley, Colorado 80632, hereinafter referred to as"COUNTY,"
WHEREAS, TOWN wishes to have COUNTY perform gravel road maintenance and snow removal
services on gravel roads in the TOWN'S jurisdiction, which are hereinafter referred to as"ANNEXED
ROADS", and
WHEREAS, COUNTYis agreeableto renderingsuch services pursuanttotheterms andconditions
hereinaftersetforth, and
WHEREAS, Agreements between COUNTY and other governmental entities are authorized and
provided for by the provisions ofSectlon29-1.203,C,R.S and so provided for by Section 2-3 ofthe Weld
County Home Rule Charter.
NOW THEREFORE, COUNTY agrees to provide gravel road maintenance and snow removal
services on TOWN ANNEXED ROADS according to the following terms and conditions:
COUNTY shall provide maintenance ofgraveled TOWN ANNEXED ROADS contemporaneously
with COUNTY'S similar activity on Weld County roads surroundingtheTOWN. Maintenance
includes: snow removal, washoutrepair, and grading. Maintenance, repair, or improvement
beyond what Is described in this agreement will not be performed by the county absent separate
written approval,
TOWN agrees to pay COUNTY for the services rendered underthis Agreement atthe total cost of
labor, equipment, and materials incurred to perform said services.
COUNTYshall bill TOWN on a yearly basis forthose services, which have been performed in said
period. To assist the TOWN in budgeting forthis agreement, the CountyshalladvisetheTOWNof
the current hourly costfor an operated motor grader by November 15th ofeach year. If no
aofg- 0553
information is provided by the dated noted above, the TOWN may use the rate provided in the
previous year. The 2018 rate for an operatedmotorgraderis$65.46perhour.
After consultation with the TOWN, the COUNTY shall apply gravel when the material Is
necessary to properly maintain a road segment. The TOWN shall furnish the gravel
necessary for the maintenance operation on the schedule provided by the COUNTY.
4. 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 counts taken by the
COUNTY.
5 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. Maintenance of roads exceeding an AADT of 200 vehicles per day isnot included in
this agreement.
6. COUNTY and TOWN are each "public entities" within the meaning of the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended (the "Act"). TOWN shall
include COUNTY as an additional insured on TOWN'S policies of general liability insurance In
order to insure COUNTY against any and all loss occasioned as a result of the performance of
the services referred to herein and pursuant to this Agreement. No portion of this 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 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
Agreement. To the extent permitted by law, the TOWN shall defend, indemnify and hold
harmless County, its officers, agents, and employees, from and against injury, loss damage,
liability, suits, actions, or claims of any type or character arising out of the failure of the TOWN
to conform to any statutes, ordinances, regulation, law or court decree. The ANNEXED
ROADS shall remain the property and responsibility of the TOWN. This paragraph shall
survive expiration or termination hereof. It is agreed that the TOWN will be responsible for
primary loss Investigation, defense and judgment costs where the limited indemnification
provided in this paragraph applies.
This Agreement shall run from year-to-year from January 1^M to December 31at
unless terminated by either COUNTY or TOWN, providing the party
seeking to terminate this Agreement gives the other party ninety (90) days written notice prior
to the date of said termination.
ff. The parties 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 embodies all
Agreements between the parties hereto and there are no promises, terms, conditions or
obligations referring to the subject matter whereof other than as contained herein, This
Agreement may be changed or supplemented only by a written instrument signed by both
parties.
9. If any term or provision of this Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder ofthis
Agreement, or the application of such terms or provisions, to a person or circumstances
other than those as to which it is held invalid or unenforceable, shall notbe affected, and
every other term and provision of this Agreement shall be deemed valid and enforceable to
the extent permitted by law.
I0. 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 this 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 an incidental beneficiary only.
I I. 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.
12 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.This Agreement may be changed or
supplemented only by a written instrument signed by both parties.
3
13. Fund Availability. Financial obligations of the Town and the County payable after the
current fiscal year are contingent upon funds for that purpose being appropriated,
budgeted and otherwise made available. Execution of this Agreement by the parties
does not create an obligation on the part of either the Town or the County to expend
funds not otherwise appropriated in each succeeding year.
14,
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this .611' day of
2018.
ATTEST:
BY:
Town Clerk
TOWN OF KEENESBURG, COLORADO
By:
(Print Name)
s4L,1,222,,ZIMaytir
RE: Keenesburg Gravel Road Maintenance and Snow Removal.
ATTEST: oc,i BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board
BY
Deputy CI"k to th
WELD COUNTY, COLORADO
ye Moreno, Chair FEB 21 2018
Cpl 8 - 0553
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