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Home My WebLink About20151103.tiff RESOLUTION RE: APPROVE CONSTRUCTION SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN-HOSHIKO LAND,LLC 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 a Construction Services Agreement 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 Hoshiko Land, LLC,commencing upon execution of signature,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 Construction Services Agreement 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 Hoshiko Land,LLC,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 20th day of April,A.D.,2015. BOARD OF COUNTY COMMISSIONERS W LD COUNTY,COLORADO ATTEST:L�(�` ( r.� �� y k cClr.6�W/ � /� arbara Kirkme er,Chair Weld County Clerk to the Board Mike Freeman,Pro-Tern BY: .�y Clerk tot e Boar. 1, ]E C nwa APPROVED AS TO FORM: 1861 I(?ti 4 */-(// ie .Cozad County Attorney � ! F- �, \ �XCUSED Date of signature: 'Steve Moreno CC:I�)(cc,/ts)5/i 2015-1103 EG0072 VitMEMORANDUM TO: Clerk to the Board DA'L'E: April 13, 2015 FROM: Leon Sievers. Public Works Department SUBJECT: Agenda Item RE: WCR 49 Project Agreement for Construction Services for commercial access for IIosbiko Land LTC. V, I rencWvl(il ADA Memos:A cnda-I eon-I doc 2015-1103 40°7 a WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & HOSHIKO LAND LLC. THIS AGREEMENT is made and entered into this��day of A4/4- , 2015, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Hoshiko Land, LLC, who whose address is P.O. Box 119, Kersey, Colorado 80644 hereinafter referred to as "Hoshiko". WHEREAS, pursuant to an Agreement for the Purchase of Public Road Right-of-Way between the Parties ("Purchase Agreement") dated September 14, 2012, County purchased from Hoshiko approximately 0.11 acres of Public Road Right-of-Way for the purpose of building Weld County Road 49 north of State Highway 344 (the "Weld County Parkway"), and WHEREAS, the County has agreed to grant Hoshiko a commercial access located approximately 201 feet south of the north property line on the west side of the Weld County Parkway, and WHEREAS, Hoshiko's use of said commercial access requires the installation of a deceleration lane for southbound traffic turning west into the Hoshiko property, and also requires an acceleration lane for traffic exiting westbound out of the Hoshiko property and turning south, and WHEREAS, the Parties agree that the construction of said acceleration and deceleration lanes should occur at the same time that the County's contractor is constructing the roadway at this location, and WHEREAS, the County agrees to cause the construction of said acceleration and deceleration lanes to be completed (the "Project"), and Hoshiko agrees to pay for such constructions services, as further set out in the following agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B. each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Hoshiko acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of the Parties. Exhibit A consists of a sketch of the acceleration and deceleration lanes to be constructed pursuant to the Agreement. Exhibit B consists of the cost estimate from the County's Contractor (Flatiron Construction) to complete the work described in Exhibit A. 2. Service or Work. County agrees to contract for the procurement of all materials, equipment and/or products necessary for the Project and agrees to diligently provide, by contract or otherwise, all services, labor, personnel and materials necessary to perform and complete the Project portrayed in Exhibit A. In conjunction with the construction of the Weld County Parkway at this location, County shall contract for the construction of the following: a. A deceleration lane eight (8) feet in width beginning approximately 400 feet north and extending south to the commercial access described herein. b. An acceleration lane eight (8) feet in width beginning at the access described herein and extending south approximately 400 feet to that portion of the roadway which widens from two southbound lanes to four southbound lanes, accounting for turn lanes on the east and west sides of the southbound roadway. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until the completion of the responsibilities described in Exhibits A and B. The Project is anticipated to be completed by the end of 2015. 4. Termination. This Agreement may be terminated at any time upon ten (10) days notice based upon a material breach of the terms of the Agreement. The breaching party shall be given a reasonable amount of time to cure the breach. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. 6. Compensation/Contract Amount. Upon County's successful completion of the construction of the Project, Hoshiko agrees to pay an amount no greater than $32,158.56 which is the estimate set forth in Exhibit B. Hoshiko will not withhold any taxes from monies paid to the County hereunder and County agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 7. Independent Contractor. Each party agrees that it is an independent contractor and that its officers, agents or employees are not officers, agents or employees of the other. 8. Subcontractors. County shall have the right to subcontract any or all of the work contemplated by this Agreement in County's sole discretion. 9. Ownership. All work and information obtained by County under this Agreement shall become or remain (as applicable), the property of County. 10. 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. 11. Notices. All notices shall be made in writing to the following persons. Either party may change its notice address(es) by written notice to the other. Dennis Hoshiko, President, Hoshiko Land, LLC., P.O. Box 119, Kersey, Colorado 80644 Jay McDonald, Director of the Department of Public Works, Weld County, 1111 H. Street, Greeley, Colorado 80632, Phone: (970) 304-6496, Fax: (970) 304-6497, jmcdonald(a�weldgov.com 12. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 13. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, 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. 14. Governmental Immunity. No term or condition of this contract 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. 15. No Third Party Beneficiary. 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. 16. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 17. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 18. Attorneys Fees/Legal Costs. In the event of a dispute between the parties, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 19. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. The parties acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. -ra WITNESS WHEREOF, the parties hereto have signed this Agreement this ow day of t. , 2015. CROSHIKO LAN , LLC: Dennis Hoshiko, President Date WELD CO Y: ATTEST: �/� i"• ® BOARD OF COUNTY COMMISSIONERS Weld C.. ty Clerk to the i .a . WELD COUNTY COLORADO BY: Deputy CI k to the .•, A`t`- rbara Kirkmey-r, Chair 'PR 2 0 2015 X0..1 1 APPROVED AS TO FUfy�ING: APPROVED A TO SUBSTANCE: � �1� Ct' Controller Ele V d O icial or Department Head :::r Director of General Services y 020%5- /1 03 it • o i t ,o � !• o .$ r ggg0E _ { o '09x. \1i CD cr,� mc a `� 4 I ` .! P . ` 5, t t N r a N ' p � � g; 1 le211 r ' "Airi . 1 W CO q{ 'J�f g.w r ; �" I , Olli ifi4 1: ' • .i, . 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