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Home My Public Portal AboutResolution 2015-08-04 Authorizing the Mayor to Execute an Intergovernmental Agreement with the County of Grand for Roadway Improvements to a Portion of County Road 804 TOWN OF FRASER RESOLUTION NO. 2015-08-04 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF GRAND FOR ROADWAY IMPROVEMENTS TO A PORTION OF COUNTY ROAD 804 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. That the Mayor is hereby authorized to execute an intergovernmental agreement for roadway improvements to a portion of County Road 804 with Grand County. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 19th DAY OF AUGUST, 2015. Votes in favor: 7 BOARD TRU: S OF THEA Votes opposed: 0 TOWN OF ER, COLORADO / Absent: 6 Abstained: Gs BY: Mayor Oa � ATTEST: (s E ) SEAL ae9.PA_ Town Clerk COL ORP10O INTERGOVERNMENTAL AGREEMENT CR 804 Improvements THIS AGREEMENT is made and entered into effective - 1 9 ,2015,by and between the TOWN OF FRASER,COLORADO(herein referred to as"Fraser"), and the COUNTY OF GRAND, COLORADO(referred to as the"County"). ARTICLE 1.0-RECITALS AND PURPOSE 1.1 Fraser and the County are political subdivisions of the State of Colorado. 1.2 The constitution and Statutes of the State of Colorado,particularly Part 2,Article 1,Title 29, Colorado Revised Statutes, as amended, authorize political subdivisions to enter into agreements which may be of mutual benefit to both parties. 1_3 Fraser and the County desire to confirm their understanding and agreement on certain cooperative matters, as set forth in this Agreement. 1.4 This Agreement has been authorized and approved by the legislative body of each of the parties hereto. NOW THEREFORE, in consideration of the premises and the mutual promises and covenants set forth herein,the parties agree as follows: ARTICLE 2.0 -COUNTY ROAD 804 IMPROVEMENT PROJECT AND PROVISONS REGARDING FRASER PORTION 2_1 The County is has advertised for bids and awarded a construction contract for roadway improvements to a portion of County Road 804("CR 804"), also known as "Meadow Mile",within the County-owned right-of-way,which will include installation of a new concrete pan,road widening and asphalt overlay(the"CR 804 Project"or"Project"). Fraser owns the right-of-way for the portion of CR 804 within the Town boundaries, from the intersection with U.S. Highway 40 to the Town boundary where the County portion begins(the"Fraser Section"). The parties desire to provide for improvements to the Fraser Section as part of the County's CR 804 Project,in accordance with the terms provided herein. 2.2 The Fraser Section has been included in the plans and specifications for the CR 804 Project, and such plans and specification have been provided to and approved by Fraser. The bid amounts and other costs relating to the construction of the Fraser Section have been segregated for purposes of division between the County and Fraser as provided herein. 2.2.1 The parties have agreed upon the award of the bid to Morrow and Sons for the roadway improvements, including those relating to the Fraser Section, and that Section will be included in the construction contract entered into by the County for the Intergovernmental Agreement Page 1 of 4 CR 804 Project. The County agrees that such construction contract shall require that the contractor name both the County and Fraser as obligees on the performance and payment bonds and as beneficiaries of all indemnifications and warranties to be provided by the contractor for the CR 804 Project,or at least for that portion of the Project which includes the Fraser Section. Fraser shall also be included as an additional named insure on any insurance policies specifically required to be provided by the contractor in connection with the Project. The contract shall also provide for delivery of as-built plans for the Fraser Section to Fraser upon completion of the Project. 2.2.2 The County and its consultants shall be responsible for overseeing and administering construction of the CR 804 Project,including the Fraser Section. In the event unforeseen conditions arise during construction that require changes to the plans or an adjustment of the contract price relating to the Fraser Section,the County will consult with Fraser regarding such conditions and obtain Fraser's approval for any such changes or adjustments. 2.3 Fraser and the County agree to share the costs of the improvements and any approved Change Order to the Fraser Section in equal portions(50%each). Based on the winning bid by Morrow and Sons,the total construction costs applicable to the Fraser Section are $371,080.50, so the County and Fraser will each be responsible for payment of$185,540.25 toward such costs. The County will pay the contractor for the improvements and will provide an accounting of the costs attributable to the Fraser Section to Fraser at the conclusion of the Project or periodically as the construction progresses. Fraser agrees to reimburse the County for its share of such construction costs within thirty(30)days after receipt of the invoice(s) for same from the County. ARTICLE 3.0 -INDEMNIFICATION; APPROPRIATIONS 3.1 To the extent permitted by law, each party agrees to indemnify and hold harmless the other party, its employees and agents, from and against all claims,damages, liability and awards, including costs and attorney fees, arising or incurred as a result of any breach of this Agreement or any act or omission by the indemnifying party or its employees or agents relating to matters covered by the terms of this Agreement;provided,however, in case of liability to a third-party arising from a dangerous condition of CR 804 during construction of the Project,the party with jurisdiction of the portion of CR 804 involved in such claim shall bear the liability to the extent not covered by insurance. 3.2 Each party represents to the other that it has appropriated sufficient funds to pay its share of the costs of the CR 804 Project according to current estimates of such costs. This Agreement is not intended to create any debt or other multiple-fiscal year fmancial obligation of either party, and payment of any funds may become due in any subsequent fiscal year is subject to annual appropriations. Intergovernmental Agreement Page 2 of 4 ARTICLE 4.0 -MISCELLANEOUS PROVISIONS 4.1 Any notice hereunder shall be in writing and may be given by mailing to the address set forth below for the party for whom the notice is intended,to be effective one day after delivery to a national overnight delivery courier service, cost prepaid,or three days following deposit in the United States mail, certified mail,return receipt requested,postage prepaid,or by actual delivery to the party by other means including facsimile or e-mail. Mailed notice shall be addressed as follows: COUNTY FRASER County Manager Town Manager Grand County Courthouse Town of Fraser P.O. Box 264 P.O. Box 370 Hot Sulphur Springs, CO 80451 Fraser,CO 80442 4.2 Both Fraser and the County are entitled to the protections and immunities provided by the Colorado Governmental Immunity Act,C.R.S. 24-10-101 et seq., as from time to time amended. Nothing contained herein is intended,nor shall any provision hereof be construed as a waiver of such protections and immunities. 4_3 This Agreement embodies the entire agreement and understanding between the parties relating to the subject matter hereof and may not be altered or amended except by a writing signed by both parties and specifically referring hereto. 4_4 Counterparts. A copy of this Agreement may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together are deemed to be a full and complete contract between the parties. Execution of this Agreement may be evidenced by copies of signature pages sent by e-mail or facsimile. Documents with original signatures will be provided upon request of any party. IN WITNESS WHEREOF, the parties have executed this Agreement,effective the date first above mentioned. Intergovernmental Agreement Page 3 of 4 COUNTY GRAND COUNTY, COL O BY: + BY: Chairperson, Board of County Commissioners ATTEST: County Clerk FRASER TO F ERASER, LORA O Mayor ATTEST: Town Clerk FF?4S�� ti Intergovernmental Agreement Page 4 of 4