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Home My WebLink AboutC76-05 Agreement with Town of Minturn for reconstruction of Minturn BridgeAGREE-MENT ~ TIIIS AGREEMENT, Entered into this. day of•'�hf , 19_2k_ and between EAGLE COUNTY, hereinafter referred to as the "COUNTY" and the TOWN of 1`•'IINTURN, COLORADO, hereinafter referred to as the "TOWN" WITNESSETH; that WHEREAS, this Agreement is executed by the County, working through and under authority vested in its duly elected County Commissioners, and by the Town working through and under authority vested in its duly elected Town Board; and WHEREAS, the County will enter into agreement with the State Department of Highways, Division of Highways, State of Colorado which agreement is attached to, and made apart of this agreement, as Exhibit "A," and WHEREAS, Exhibit "f�" provides for the reconstruction of Minturn Bridge, across the Eagle River and within the Town of Minturn; and r WHEREAS, Exhibit "A" 14provides that the cost of the pro- ject will be borne.by the Federal Highway Administration (FIitaA) and -the, County at the rate of 74% and 26% respec- tively, and WHEREAS, By joint resolution by the County and all incor- porated Towns within the County, dated August 25, 1975 it was agreed that the Minturn Bridge was the most criti- cal project and should be constructed, and further stated. a that ala_ local funds necessary for the completion of the project would be provided by 'the Town; and °P WHEREAS, This resolution was signed by the Mayor of the Town; and .WHEREAS, the State Department of Highways has stated that the County must be the local governmental agency with whom they will deal directly; and WHEREAS, It is in the best interest of the County and the Town to have the maximum decision making capability poss- ible,consistent with the needs of the County and the re- quirements of Exhibit "A" delegated to the Town. NOW, THEREFORE, in consideration of the mutual covenants set forth hereinafter and the faithful performance there- of, the County and Town do hereby agree as follows: ARTICLE I AGREEMENTS OAT THE PART OF THE TOWN SECTION I The Town agrees to perform all covenants required on part.of the County in EXHIBIT "A" and all such covenants shall be as binding on the Town as they are on the County. ` SECTION�2 The Town agrees to insure that the County is kept closely advised of the progress; and problems encountered during the pro gress of this project. SECTION 3 The Town agrees to insure that all correspondence con- cerning this project is transmitted to the State Highway Department via the County and further agrees that copies of all other corres- pondence shall be provided to the County in a timely manner. SECTION 4 The Town agrees to maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and to make such materials available at all. reasonable times during the contract periocj ai)d for 3 years from ,'the date of: final payment for inspection. Copies of suc.h,records shall be furnished by the Town if requested. SECTION 5 The Toxin acTrees that prior to entering into any agreements, or major changes thereto, related to this project they shall soli- cite and obtain the County's approval of such agreements or major changes. The Town shall not enter into any agreement regarding this project unless and until it shall have obtained the County's con- sent and approval in writing. SECTION.6 The Town insures that in connection with the perfor mance of the Town's work under this Agreement, whether by or at its direction,. there will not be any discrimination against any employee, or applicant for employment, because of race, religion, color, sex or national origin. SECTION 7 The Town by entering into this Agreement acknowledges that it has the option to accept or reject the proposal of the low bidder at the Award Conference, and.that if the bid is rejected, costs incurred by the State Department of Highways in Project development will not be eligible for participation by the FHWA and must be reimbursed by the Town. SECTION 8 The Town shall indemnify and :save harmless the County against all suits or actions of any kind and nature brought, or which may be brought against the County for and on account of any injuries or damages received or sustained by any person, firm or corporation, in connection with or on account ofr any action by the own, its officials, or employees relating to this Agreement. ARTICLE II AGREEMENTS ON THE PART OF THE COUNTY SECTION I The County shall act as Liaison between the Town and the State Department of_ Highways. SECTION 2 The County shall, to the extent possible, provide any Technical or other assistance available, to the Town, upon request by the Town. Such assistance if provided will be without cost to the Town. SECTION 3 The County ]�;ngineer will be'responsi.ble for coordinating the work under this Agreement on the pargt of the. County. 0 - ARTICLE III FISCAL PROVISIONS SECTION I The County has no fiscal obligation for any costs associated with this project. All references to County funds or to the County providing funds in Exhibit "A" shall by virtue of -this Agreement be interpreted to mean Town funds or the Town pro- viding funds. SECTION 2 The Town shall mkae a]_1 payments for which it may be liable under this Agreement in the manner proscribed by the County. ARTICLE IV GENERAL PROVISIONS This Agreement is contingent upon all funds being made available from Federal and Town sources. Should these sources fail to pro- vide the necessary funds this Contract may be terminated by either party .or the State Department of Highways. In the event this'Agree- ment is terminated, the Town shall not be relieved of any financial obligations that accrued prigr to the effective date of such ter- mination. This Agreement shall inure to -the benefit of and be binding upon the parities their successors and assigns. ~ r IN WITNESS THEREOF, the parties hereto have caused the foregoing Agreement to be -executed the day and year first above written. ATTEST W County Clerk ATTE T Tows Clerk F EAGLE OUNTY Chairman, Board of County Commissioners C zy Commissioner 1 T Co my Commissioner TOWN OF MINNTURN Mayor