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Home My WebLink About20153409.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR GRAVEL ROAD MAINTENANCE AND SNOW REMOVAL AND AUTHORIZE CHAIR TO SIGN - TOWN OF NEW RAYMER 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 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 New Raymer, commencing upon full execution of signatures, and ending a year after parties sign, 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 New Raymer 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 26th day of October, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WE. D COUNTY, CO RADO • ATTEST: 1.G�Wl .�Ciot,�. �'�''�'� ii ,C� arbara Kirkmeye, Chair Weld County Clerk to the Board • Mike Freeman, Pro-Tem BY: . ..,().Q D ty Clerk to e Board .I ''� - _ er\41 adA `ean P. Co , ay APPROVED AS TO FORM: r (' ��;-�• •4001 � I ie A. Cozad County Attorney ® ,�►,�u 1 'Steve Moreno Date of signature: /9 2015-3409 C '-76.) (Mt-/FC) I 1/tom EO0072 MEMORANDUM TO: Clerk to the Board DATE: October 20, 2015 GQ_UNT�' FROM: Mike Livengood, Public Works Department SUBJECT: Agenda Item Intergovernmental Agreement for snow removal/road maintenance with the Town of New Raymer. Attached are two, duplicate original agreements. Please return one signed agreement to Public Works. Thank you. RECEIVED Enclosures pc: Jay McDonald, Director of Public Works OCT 2 1 2015 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Agenda-Jay.doc _t 2015-3409 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW/WORK SESSION REQUEST RE: Intergovernmental Agreement Town of New Raymer for gravel road maintenance and snow removal DEPARTMENT: PUBLIC WORKS DATE: 10-14-2015 PERSON REQUESTING: Mike Livengood,Motor Grader Supervisor, Weld County Public Works Brief description of the problem/issue: • New Raymer is an incorporated town; the town no longer has the equipment to maintain and remove snow on the roads/streets within its jurisdiction. The town wishes to have Weld County provide maintenance of the graveled town streets. 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 determined by the county. Both parties have an option to renew maintenance on an annual basis. The PubWorks job cost system reveals that as of this date the current cost per hour is$58.64. 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 New Raymer for the services of maintenance and snow removal of the gravel streets and county roads in the town's jurisdiction for the hourly rate advised by the county on a yearly basis. Approve Schedule Recommendation Work Session. Other/Comments: Barbara Kirkmeyer,Chair Mike Freeman e' Sean P.Conway Julie Cozad Steve Moreno �S pc: Jay McDonald,Curtis Hall INTERGOVERNMENTAL AGREEMENT TOWN OF NEW RAYMER,COLORADO GRAVEL ROAD MAINTENANCE AND SNOW REMOVAL THIS AGREEMENT made and entered into thiso(day of , 2015, by and between the Town of New Raymer, Colorado, a municipal corporation of the State of Colorado,whose address is 226 Baird, P.O. Box 146,New Raymer, CO 80742, 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. " WHEREAS, TOWN wished to have COUNTY perform gravel road maintenance services on town streets and that portion of Weld County Road("WCR") 127 & 86 located within the boundaries of the TOWN, which are hereinafter referred to as "TOWN STREETS", and WHEREAS, COUNTY is agreeable to rendering such services pursuant to the terms and conditions hereinafter set forth, and WHEREAS, Agreements between COUNTY and other governmental 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. NOW THEREFORE, COUNTY agrees to provide grading services on TOWN STREETS according to the following terms and conditions: 1. COUNTY shall provide maintenance of graveled TOWN STREETS contemporaneously with COUNTY'S similar activity on Weld County roads surrounding the TOWN. The TOWN understands that Weld County Roads lying outside the boundaries of the TOWN shall be given priority. Maintenance includes, but is not limited to, snow removal, washout repair, and grading. 2. 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 periodic 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 the current hourly cost for an operated motor grader by November 15th of each year. If no information is provided by the dated noted above,the TOWN may use the rate provided in the previous year. The 2015 rate for an operated motor grader is $58.64 per hour. The COUNTY will continue to provide the services to WCR 127 and WCR 86 as it has in past agreements for the use of the TOWN's water for the counties satellite facility. Page 1 of 3 Pages Jo/5-3` O 6) 3. After consultation with the TOWN the COUNTY shall apply gravel when the material is necessary to properly maintain a street 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 is not included in this agreement. 6. 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 part to this Agreement. 7. This Agreement shall run from year-to-year from the date of this signing of this Agreement 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. 8. The parties hereby agree that neither has made or authorized any Agreement with respect to the subject matter of this instrument other than expressly set forth herein, and not 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. 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 of this 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 not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10. It is expressly understood and agreed that the enforcement of the terms and conditions Page 2 of 3 Pages 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. 11. COUNTY,by and through this Intergovernmental Agreement and upon its promise to perform the grading described herein,makes no warranty, either express or implied,that such grading will meet any standards or requirements other than those typically followed by COUNTY in performing such work upon County roadways. Tik ITNES WHEREOF,the parties hereto have signed this Agreement this Q'day of , 2015. ATTEST: TOWN OF NEW RAYMER, COLORADO ddrAwt) Jeito;t1 By: (:- C(/�1 I""''*►� Cary L b rt, Mayor $ IF.Lim, ATTEST: ; COUNTY OF WELD, COLORADO Weld County Clerk to the : � � k. $ '$ 2 ;a. By: '..�� , ��.�•� ` By: Deputy C rk to the Bo ``'' --= Barbara Kir ever, C air Board of County Commissioners of Weld County OCT 2 6 2015 Page 3 of 3 Pages RE: INTERGOVERNMENTAL AGREEMENT FOR SNOW REMOVAL - NEW RAYMER ATTEST: * BOARD OF COUNTY COMMISSIONERS Weld unty lerk to Board WELD COUNTY, 0 RADO BY. /Liao , 1/41/4-1-efezL---- Deputy rk to the B arbara Kirkmeye , Chair OCT 2 6 2015 APPROVED AS TO FUNDI r. .. `�: •PROVED AS BSTANCE: adiat \ — Controller / � '�� . -cted icial or Department Head APPROVED AS T FORM: � 4i �; � � NIA Director of General Services County Attorney 92D/5 3 b1(/ Hello